Apple Valley City Zoning Code

CHAPTER 9

29 - Specific Use Regulations for Residential Districts

9.29.010 - Purpose and General Plan Consistency

The purpose of this Chapter is to implement the General Plan and the Comprehensive Economic Development Plan by establishing standards which will preserve the character of neighborhoods and provide for the creation of new neighborhoods with a similar level of quality in design and lifestyle. It is recognized that the quality of the Town's residential neighborhoods is an asset to all who live and work in the Town and that protecting this community image is vital to achieving the Town's economic development goals and preserving property values.

The specific use regulations in this Chapter provide direction in reviewing proposals for the development of the uses requiring discretionary approval shown in the Residential Use Chart (Table 9.28.030-A).

The Town finds that specific use regulations such as, but not limited to restricting the location, size, access to and appearance of uses and structures is necessary to protect the public health, existing safety and welfare and achieve the goals of adopted Town plans.

The provisions of this Chapter shall prevail over any conflicting provisions of other portions of this Code.

9.29.020 - Accessory Uses and Structures (Amended Ord. 239, 251, 269, 290, 313, 315,)

Purpose. The purpose of this Section is to establish standards for accessory structures in residential districts which maintain the use of the single-family residence as the dominant use of the property. These standards are also intended to preserve the open desert character of the Town, especially in the more rural Estate Residential, Estate Residential 3/4, Equestrian Residential and Low Density Residential districts.

Location. Accessory structures, attached or detached, used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure as required by the zoning district, except as otherwise provided in this Section and Section 9.28.040, Site Development Standards, of this Code. Handicapped access ramps are exempt from these provisions.

Nonhabitable accessory structures not exceeding one hundred twenty (120) square feet and not taller than ten (10) feet may be located to within five (5) feet of a side or rear property line, provided that no part of the structure is located within the required front yard or street side yard building setback or within a required easement.

The minimum distance from an accessory structure larger than one hundred twenty (120) square feet or taller than ten (10) feet in height to a side property line shall be equal to the required setbacks in Table 9.28.040-A, of this Code, Site Development Standards, and Table 9.28.040-B, Site Development Standards for the Mountain Vista neighborhood, and a minimum of ten (10) feet from a rear property line.

Roofed animal enclosures shall not be located within twenty-five (25) feet of any property line in accordance with subsection 9.29.030.F, Setback Requirements, of this Chapter. Horse corrals/shelters utilizing metal roofing or exteriors, where the collective roofed area of all corrals/shelter on a recorded lot is equal to or less than 300 square feet in size shall be allowed on any lot where horses are permitted. Horse corrals/shelters utilizing metal roofing or exteriors, where the collective roofed area of all corrals/shelter on a recorded lot exceeds 300 square feet in size, shall be allowed on any lot where horses are permitted subject to the provisions of subsection 9.29.020.E, Architectural Compatibility, of this Chapter.

Open, unroofed animal enclosures may be located within five (5) feet of a side or rear property line or easement line (if any) provided a minimum distance of seventy (70) feet is provided between the enclosure and any existing off-site structure used for human habitation in accordance with subsection 9.29.030.F, Setback Requirements, of this Chapter.

Size.

The cumulative total of square footage of accessory structures, combined with all other applicable structure footprints, shall not exceed the maximum lot coverage standard for the zoning district in which it is located.

On residential lots less than two and one-half (2½) acres in size, any single accessory structure shall not exceed seventy-five (75) percent of the total area under roof of the primary structure. The total of all accessory structures on a site shall not exceed 100 percent of the total area under roof of the primary structure.

Height. The maximum height of an accessory structure shall not exceed the maximum height for the zoning district in which it is located, except that the maximum total height of antennas and their support structures shall be as specified in Chapter 9.77, Wireless Telecommunications Towers and Antennas, of this Code. Accessory structures in the single family residential, equestrian residential, and multi-family residential districts shall not exceed one-hundred percent (100%) of the height of the main structure on site, or sixteen (16) feet, whichever is lesser, if a one story structure, nor seventy-five (75) percent of the height of the main structure, if that main structure is two or more stories in height. A greater height may be approved by the Planning Commission upon review and approval of a Development Permit as provided in Chapter 9.17 "Development Permits."

Architectural Compatibility. Accessory structures larger than one hundred twenty (120) square feet in area or taller than eight (8) feet in height shall meet the architectural compatibility with primary structure requirements for residential districts found in Chapter 9.31, Residential Design Standards of this Code.

Accessory structures larger than one-hundred, twenty (120) square feet in area or taller than eight (8) feet in height and located in front of the back line of the house shall be constructed of materials and colors which are similar to the primary building on the site. Structures built on site, or structures assembled from modular or similar units on site, or structures assembled off site and moved on site as one unit may not use metal exteriors except as described below and as described in Section 9.29.022. Structures built, assembled or fabricated, off site having metal exteriors, such as metal containers, cargo containers, freight and similar containers, modified trailers, modified rail-road cars, butler buildings, and the like, are expressly prohibited, unless said container and roofline/structure is covered or skinned with siding materials (i.e. wood, stucco, or masonry) similar to the primary residence and the design is compatible with the primary residence. All applicable building permits for alteration of prefabricated structure shall be required.

Structures built on site, or structures assembled from modular or similar units on site, or structures assembled off site and moved on site as one (1) unit, including metal sheds, may use metal exteriors when the Planning Commission determines that the proposed structure shall have an appearance emulating and simulating the color, texture and appearance of the main structure on site. Said metal exterior must provide the same texture depth and other physical characteristics as the exterior of the main structure on the property. Exceptions to Planning Commission review requirements are carports and accessory structures or shelters for the storage of cars, boats, recreational vehicles (RVs), trailers, self-propelled equipment and related bulky items as described in Section 9.29.022.

Accessory structures built on site located to the rear of the back line of the house may be constructed of any material allowed by the Uniform Building Code and may utilize any desired architectural design except that metal may not be used on the exteriors of such structures unless reviewed and approved by the Planning Commission as described below or as allowed under Section 9.29.022. Metal, freight, cargo or similar containers are not allowed within any residential district, except the Residential-Agriculture, R-A, District when placed in a manner where such containers are not visible from the public right-of-way.

Patios, gazebos, patio enclosures, solariums, sunrooms and horticultural structures may be constructed of any material allowed by the Uniform Building Code and may utilize any desired architectural design.

Within the R-VLD, Very Low Density R-A, Residential, Residential-Agriculture, R-LD, Low Density Residential, R-E, and R-E 3/4, Estate Residential zoning districts accessory structures built or assembled on site, or assembled off site and moved on site, shall be located to the rear of the back line of the house, may be constructed of any material allowed by the Uniform Building Code and may utilize any desired architectural design, provided, however, that structures using metal exteriors shall be approved under a Development Permit prior to issuance of a Building Permit and shall be located upon a property of at least five (5) acres in size, placed so that no portion of the structure is located closer than fifty (50) feet from any property line and such structure is screened from view of any public right-of-way by suitable landscaping or other structures on site.

Flags. Flag poles displaying official flags of the United States, the State of California, and other states of the nation, counties, municipalities, and official flags of foreign nations are accessory structures that may be allowed up to thirty-five feet (35') in height anywhere upon a property, except within the required front-yard or street side-yard setback area. Said flag poles, when a flag is flown, may be illuminated provided any such lighting is shielded in a manner so that all glare shall be directed onto the site and away from adjacent properties and that such lighting standards shall blend architecturally with buildings, pedestrian areas, and other hardscape elements on the site. A maximum of three (3) flag poles shall be allowed per recorded lot.

Guest Quarters are permitted and subject to the following:

May be attached to or detached from the main residential structure.

The maximum floor area is 400 square feet.

There shall be no kitchen or cooking facilities.

Independent access to the guest quarters shall not be located on the same elevation as the access to the primary dwelling.

Guest quarters are for the exclusive use of the residents of the primary dwelling unit and may not be rented or otherwise used as a dwelling unit.

Detached habitable structures consisting of pool houses, art or music studios, or other structures intended for recreational purposes are permitted subject to the following:

Habitable accessory structures shall be architecturally compatible with the design of the main dwelling and shall incorporate the same architectural features, colors and materials of the primary unit.

There shall be no indoor kitchen or bedrooms, except as identified within this section.

One (1) detached habitable structure is permitted per lot.

An accessory dwelling unit or guest quarters may occupy a portion of the habitable structure; however, access shall not be permitted from the interior.

Unless permitted as an accessory dwelling unit, detached habitable structures shall not be rented or otherwise used as a dwelling unit.

(Ord. No. 502, § 5, 5-8-2018; Ord. No. 504, § 3, 3-6-2019; Ord. No. 523, §§ 8, 9, 1-14-2020)

9.29.022 - Semi-Permanent Carports and Accessory Structures or Shelters for the Storage of Cars, Boats, Recreational Vehicles, Trailers, Self-Propelled Equipment and Related Bulk Items (Amended Ord. 351, 368)

Carports and accessory structures or shelters for the storage of cars, boats, recreational vehicles (RVs), trailers, self-propelled equipment and related bulk items constructed using a framework and roof of metal, wood or other rigid material allowed under the Uniform Building Code, not to include plastic or PVC material, may be located no closer than five (5) feet from either a side or rear property line, provided that no portion of said structure is located within a required front or street side yard building setback area or within or upon a recorded easement of any type.

Any such semi-permanent carport or accessory structure or shelter must be permanently affixed to the ground with concrete footings or similar footings acceptable to the Town of Apple Valley Building Official.

A building permit shall be obtained from the Town of Apple Valley Building Division for any such semi-permanent carport, accessory structure or shelter permitted by this Section.

All semi-permanent carports or accessory structures or shelters permitted by this Section shall be constructed of new materials and shall be maintained, at all times, in good condition, not possessing warn, discolored or dilapidated materials or appearance.

All semi-permanent carports or accessory structures or shelters permitted by this Section shall be finished with colors which are similar to the primary building on site.

Any such semi-permanent carport or accessory structure or shelter built prior to July 26, 2006 and is constructed of metal, wood or other rigid material, not to include plastic or PVC material and is permanently affixed to the ground as described in paragraph No. 1 above, may encroach into the required side, rear and front setbacks and does not require a building permit. These structures do not have to be compatible with the finish colors and materials of the primary building.

Permanent or semi-permanent recreational vehicle (RV) or other large vehicle enclosure or shelters may be located no closer than five (5) feet of a side or rear property line, provided that no portion of said structure is located within any required front or street side yard setback area or within a recorded easement of any type.

Said shelter structure(s) must be permanently affixed to the ground with concrete footings or similar footings acceptable to the Town of Apple Valley Building Official.

A building permit shall be obtained from the Town of Apple Valley Building Division for any such permanent or semi-permanent carport, accessory structure or shelter permitted by this Section.

Said shelter structure(s) must have solid and opaque siding materials over the supporting framework. This siding may extend to the ground and shall not include more than a four (4)-foot gap from the ground surface to the siding.

Said shelter structure(s) may be constructed of any materials allowed by the Uniform Building Code, including a framework of metal and excluding plastic or PVC. Metal may be used as an exposed surface material.

All semi-permanent carports or accessory structures or shelters permitted by this Section shall be finished with colors which are similar to the primary building on site.

Any such semi-permanent carport or accessory structure or shelter built prior to July 26, 2006 and is constructed of metal, wood or other rigid material, not to include plastic or PVC material and is permanently affixed to the ground as described in paragraph No. 1 above, may encroach into the required side, rear and front setbacks and does not require a building permit. Also, these structures do not have to have opaque siding that extends to at least four (4) feet above the ground surface as described in paragraph No. 3, above nor do they have to be compatible with the finish colors and materials of the primary building.

9.29.025 - Trailers, Campers, Fifth-Wheels, Recreational Vehicles and Buses (Amended Ord. 264)

Trailers, campers, fifth-wheels, recreational vehicles, buses, or similar vehicles shall not be used or occupied for any residential purpose, and any such residential use of such vehicle(s) is expressly prohibited except as defined herein. A trailer, camper, fifth-wheel, recreational vehicle, bus, or similar vehicle may be placed, for a residential purpose, on a site for up to fifteen (15) days within any one (1) calendar year. Upon approval of a Special Use Permit, a trailer, fifth-wheel, bus, or similar vehicle may be placed, for a residential purpose, on a site for up to sixty (60) days within any one (1) calendar year.

9.29.030 - Animal Keeping and Agricultural Uses in Residential Districts (Amended Ord. 251, 269, 288, 300, 383)

Applicability. The following regulations shall apply to the keeping of animals and agriculture uses in Residential Districts.

General Provisions

Animals shall be properly caged or housed in their corrals, barns, pens or other enclosures. Accessory buildings shall comply with Section 9.29.020Accessory Uses and Structures, of this Chapter.

All animal raising shall comply with public health laws regarding proper care of animals.

Farm Animals. Farm animals shall be allowed in districts as provided for in Table 9.28.030-A Permitted Uses. Farm animals shall consist of horses, burros, donkeys, mules, ponies and similar equine; ostriches, emus, rheas, kiwis, and similar rattite; cows, steers, bulls and similar bovine; pigs and similar swine; llamas and alpacas; goats, sheep and similar ovine; poultry, fowl and similar ground birds; rabbits and other non-carnivorous fur-bearing animals of similar size; turkeys and other similar birds. Feed lots are not permitted. The total lot square footage shall be used in determining the total number of animals permitted.

The following setback requirements shall apply to farm animals:

All buildings and roofed structures used to house farm animals shall be located behind the residence on the lot and shall maintain side yard setbacks in accordance with this Section and Section 9.28.040, Site Development Standards, of this Code, and rear yard setback a minimum of ten (10) feet or at the easement line (if any), whichever is greater, and shall be at least sixty-five (65) feet from any off site habitable structure. Such buildings and roofed structures existing prior to the development of adjacent vacant property and closer than sixty-five (65) feet to new construction shall become a legal nonconforming use.

Other structures used to enclose animals may be located five (5) feet from property lines or easement lines (if any) within the required side and rear yard setback provided a sixty-five (65)-foot distance from off-site habitable structures is maintained.

When a farm animal structure is located next to a vacant lot, all setbacks from the property line shall be required. In the event a habitable structure is constructed on vacant property next to the farm animal structure, and the habitable structure is closer than sixty-five (65) feet to the farm animal structure, the farm animal structure will become legal nonconforming. The farm animal structure may continue to be used in accordance with the requirements of Chapter 9.07, Nonconforming Uses and Structures, of this Code.

Small Domestic Animals. Small domestic animals shall be allowed in districts as provided for in Table 9.28.030-A Permitted Uses. Small animals consisting of non-exotic or wild animals that are commonly sold in pet stores and kept as household pets which are normally maintained in aquariums, terrariums, bird cages or similar enclosures, each of which does not exceed fifty (50) cubic feet. Said enclosures must be kept and maintained within an enclosed building. The maximum number or density limitations for these animal types shall comply with Public Health Regulations.

Commercial Equestrian Stables and Arenas. Commercial equestrian riding/rental stables, boarding stables, or show arenas are subject to the following standards:

Parking lots shall be required to conform to the same requirements as commercial parking lots with regard to, driveway width and parking space dimensions. Parking lots may consist of dirt or paving. Parking lots required by this Section shall provide fifty (50) percent of the required spaces for trailers. The dimensions of trailer spaces shall be twelve (12) feet by twenty-five (25) feet. When more than one (1) of the following uses is proposed, the number of required spaces shall be determined by adding the number of spaces required for each separate use. Parking for stables and arenas shall be provided as follows:

Riding/rental stables. One and one quarter (1¼) parking spaces per horse stall.

Boarding stables. One (1) parking space per horse stall.

Show arenas. One and one half (1½) parking spaces per horse stall if stalls are provided or one (1) parking space 250 square feet of the largest arena, whichever is more. In addition, if spectator seating or refreshment stands are provided, the provisions of Chapter 9.72, Off-Street Parking and Loading Regulations, of this Code, shall apply.

In all cases, the minimum lot for any commercial equestrian riding/rental stable, boarding stable or show arena shall be (5) five acres.

Gymkhanas, rodeos and similar events are permitted. Such events held off-site are subject to approval of a Special Event Permit.

Kennels and Animal Hospitals. The following regulations shall apply to the maintenance of commercial and noncommercial kennels, animal hospitals, veterinarian offices and animal shelters:

The actual enclosure where the animals are treated or maintained shall be at least sixty-five (65) feet from any habitable structure located off the subject property.

All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located.

Animal runs shall meet the following minimums:

No animal runs, exercise areas or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within the required front, street side or side yards of the zone in which the site is located.

Kennels or animal runs shall be appropriately sized for the animal being kept.

Animal runs shall be constructed and/or coated with a nonporous material to discourage the breeding of ticks and other similar pests.

All animal runs shall have concrete or other durable flooring sloped for proper drainage.

All animal runs shall be provided with drains sufficient to control drainage and daily washing of the runs.

All animal runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas, bacteria and other similar organisms.

The outside area where animals are maintained shall be entirely enclosed by a secondary fence a minimum of six (6) feet in height and located a minimum of ten (10) feet from the enclosure.

Commercial and noncommercial kennels shall be limited to no more than twenty (20) dogs on any one property or contiguous properties owned and used by one property owner.

Commercial Animal Raising. Animal breeding and raising as a commercial business may be allowed in the R-VLD, R-A and R-LD Districts. The number of permitted animals shall be in accordance with Table 9.28.030-A, Permitted Uses, except that the total number of permitted animals may be exceeded in the R-A District when a Special Use Permit has been granted or in the R-VLD and R-LD Districts when a Conditional Use Permit has been granted. The minimum area of the site on which the business is located shall be five (5) acres.

Wild and Exotic Animals

The keeping of wild and exotic animals may be permitted as an accessory use to a single family dwelling unit subject to approval of a Special Use Permit and the following regulations. Such animals include, but are not limited to wild animals as defined in Section 2116-2118 of the State Fish and Game Code. Any action to approve a request for a Special Use Permit for an exotic animal shall not be effective until written evidence is received that the applicant has a permit approved from the State Department of Fish and Game.

Any action to approve a request for a Special Use Permit shall include the following conditions in addition to any conditions deemed appropriate by the reviewing authority:

The keeping of the animal must comply with all requirements including setbacks from property lines and other dwellings;

The keeping of the animal must comply with all applicable State and Federal requirements;

Each exotic animal must have sufficient area to be maintained and exercised in a normal healthy manner as determined by the County Veterinarian; and

Each permit shall specify the periodic renewal period and inspection requirements.

Bee Hives
Bee hives shall be permitted in the R-VLD, R-A, and R-LD zoning districts on lots of two and one-half (2½) acres or larger subject to the requirements of this Section. All bee keeping shall be subject to the following requirements:

Bee hives and their water source shall be placed a minimum of 100 feet from any property line and a minimum of 400 feet from any street, road or highway, any public school, park, established bus or transportation stop or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary;

A continuous fresh water source shall be provided on-site prior to the installation of the bee hives; and

A maximum of eight (8) bee hives per two and one-half (2½) acres is allowed.

Enclosure Standards

HORSES. The minimum size for a horse corral or pen should be no less than 288 square feet. The corral, stall or pen shall be enclosed with a minimum three (3) rails per side with a three (3)-foot wide gate. A shelter shall be required for each horse within each corral serving as the primary habitation area for the corralled animal and shall be a minimum size of at least eight (8) feet by twelve (12) feet. A horse corral or pen housing more than one horse shall be increased in size by 216 square feet for each additional horse. Horse shelters shall be required within the primary pasture area and shall not be required within round pens, hot walkers, bull pens, arenas, paddocks and pastures not used as the primary area where the horse(s) is confined on the property.

Each horse stall shall have a minimum size of at least 144 square feet.

All corrals, pens, paddocks or stalls shall be constructed of new or refurbished wood, railroad ties, telephone poles, metal or plastic materials designed and/or constructed in a manner so as to prevent physical injury or harm to the animal being confined. Such enclosure shall not be constructed of any material scraps, or other materials that, by their physical condition, age, strength, texture or features, would cause physical harm to the animal being confined.

The following definitions shall apply:

Corral shall mean a pen or enclosure for confining or capturing livestock.

Pen shall mean a small enclosure for animals.

Paddock shall mean a small area (as a field) often enclosed and typically adjoining or near a building (as a house or stable) and often used for pasture.

Stall shall mean a division of a stable or barn accommodating one animal and often enclosed except at the rear.

BOVINE. The minimum size for a bovine corral, stall or pen shall be no less than 144 square feet, constructed of new or refurbished wood, railroad ties, telephone poles, metal or plastic materials designed and/or constructed in a manner so as to prevent physical injury or harm to the animal being confined. Such enclosure shall not be constructed of any material scraps, or other materials that, by their physical condition, age, strength, texture or features, would cause physical harm to the animal being confined. A shelter shall be required within each corral and shall be a minimum size of at least six (6) feet by six (6) feet.

SHEEP/GOATS. The minimum size for a sheep/goats corral, stall or pen shall be no less than sixty-four (64) square feet per animal or 100 square feet for two to three animals. Each pen, stall or corral shall be constructed of new or refurbished wood, railroad ties, telephone poles, metal or plastic materials designed and/or constructed in a manner so as to prevent physical injury or harm to the animal being confined. Such enclosure shall not be constructed of any material scraps, or other materials that, by their physical condition, age, strength, texture or features, would cause physical harm to the animal being confined. A shelter shall be required within each corral and shall be a minimum size of at least six (6) feet by six (6) feet.

SWINE. The minimum size for a swine corral, stall or pen shall be no less than forty-eight (48) square feet per animal. Each pen, stall or corral shall be constructed of new or refurbished wood, railroad ties, telephone poles, metal or plastic materials designed and/or constructed in a manner so as to prevent physical injury or harm to the animal being confined. Such enclosure shall not be constructed of any material scraps, or other materials that, by their physical condition, age, strength, texture or features, would cause physical harm to the animal being confined. A shelter shall be required within each corral and shall be a minimum size of at least three (3) feet by four (4) feet.

KENNELS. The minimum size for a dog kennel or run shall be no less than four feet by six (6) feet by six (6) feet per animal with a gate. Each kennel or run shall have a covered top and non-porous flooring, and shall be constructed of new or refurbished wood, metal, concrete or plastic materials designed and/or constructed in a manner so as to prevent physical injury or harm to the animal being confined. Such enclosure shall not be constructed of any material scraps, or other materials that, by their physical condition, age, strength, texture or features, would cause physical harm to the animal being confined by the kennel or run. Adequate shelter to be available at all times.

Kennels shall not exceed twenty (20) adult dogs over the age of 4 months at any one time.

CATTERIES. The minimum size for a cat kennel or run shall be no less than three (3) feet by four (4) feet per animal with a gate. Each kennel or run shall have a covered top and non-porous flooring, and shall be constructed of new or refurbished wood, metal, concrete or plastic materials designed and/or constructed in a manner so as to prevent physical injury or harm to the animal being confined. Such enclosure shall not be constructed of any material scraps, or other materials that, by their physical condition, age, strength, texture or features, would cause physical harm to the animal being confined by the kennel or run. Adequate shelter to be available at all times.

A cattery shall not exceed fifteen (15) adult cats over the age of 4 months at any one time.

Enclosure Gate and Shelter Standards

All corrals, pens, stalls and paddocks serving as the primary habitation area for the housing of livestock or other domesticated animals shall have a gate of adequate size for easy entry or exit of animals, constructed of similar materials to those used in the construction of the pen, stall or corral.

Each animal corral, pen, stall or paddock shall have an adequate shelter, consisting of a top and two (2) sides, each measuring at least eight (8) feet in length, forming an angle of between ninety (90) and 180 degrees, available at all times to protect the animal within from the sun, wind and adverse weather conditions.

Racing and Homing Pigeons. The following regulations shall apply to the housing, raising and handling of homing and/or racing pigeons.

Definitions The following definitions shall apply to the raising, housing and handling of racing and/or homing pigeons:

"Pigeon" means a member of the family Columbidae, and shall Include "'Racing Pigeons", "Fancy Pigeons " and "Sporting Pigeons" as defined in this ordinance.

"Racing Pigeon" means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom and which is accepted as such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeon Fanciers. Such pigeons are also commonly known as Racing Homer, Homing Pigeon or Carrier Pigeon.

"Fancy Pigeon" means a pigeon which, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by National Pigeon Association, the American Pigeon Club or the Rare Breeds Pigeon Club. Examples: Fantails, Pouters and Trumpeters.

"Sporting Pigeon" means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: Rollers, Tipplers and Tumblers.

"Loft" means the structure(s) for the keeping or housing of pigeons permitted by this ordinance.

"Mature Pigeon'" means a pigeon aged six months or older.

"Owner" means the owner of pigeons subject to these provisions of the Town of Apple Valley Development Code, Section 9.29.030 "Animal Keeping and Agricultural Uses in Residential Districts".

Conditions The keeping, breeding, maintenance and flying of pigeons shall be permitted on the following conditions:

The loft shall be of such sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition.

There shall be at least one (1) square foot of floor space in any loft per each mature pigeon kept therein.

The construction and location of the loft shall not conflict with the requirements of any applicable Building Code or Zoning Code of Apple Valley.

All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin.

The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the Town of Apple Valley and/or applicable agency.

All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others.

All pigeons shall be fed within the confines of the loft.

No one shall release pigeons to fly for exercise, training or competition except In compliance with the following rules:

(1)

The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.

(2)

Pigeons will not be released for flying which have been fed within the previous four (4) hours.

Pigeons shall be banded and registered with one of the national pigeon associations/registries. The Animal Control Division shall maintain a listed of banded and registered pigeons possessing a Town issued biennial Pigeon Permit.

No more than 100 homing and/or racing pigeons shall be permitted upon any one recorded property, or any collection of properties under one ownership used as one residential site.

All cages housing pigeons upon a property shall be cleaned at intervals of no more than three (3) days and remain in a sanitary manner at all times.

The holder of a biennial Pigeon Permit shall pay a fee, established by the Town Council, to the Town of Apple Valley, to recover a banded pigeon in the possession of the Animal Control Division.

Permit:

Upon completion of a Pigeon Permit Application, available from the Town of Apple Valley's Planning Division, wherein the tenant and/or property owner shall certify that appropriate loft(s) exist and comply with any and all applicable building and zoning codes of the Town of Apple Valley or other regulatory agencies, and upon payment of a fee established by the Town Council of the Town of Apple Valley, a biennial Pigeon Permit shall be issued to the applicant which shall remain in full force and effect unless suspended or revoked or unless the use of the loft(s) shall be discontinued for a period of one year. If a Pigeon Permit Application is submitted by a tenant, the property owner must sign said permit application granting permission to file such a request.

Right of Entry For Inspection:

An Code Enforcement or Animal Control Officer with the Town of Apple Valley may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation of, or to ascertain compliance or noncompliance with, the provisions of the Town of Apple Valley Development Code, Section 9.29.030 "Animal Keeping and Agricultural Uses in Residential Districts".

Violation and Penalties:

A Pigeon Permit shall not be approved for any applicant (whether individual, company or corporation), nor shall a Pigeon Permit be approved at a location where the property owner, a tenant or lessee, has actions pending as provided in either A or B listed below. Further, an approved Pigeon Permit shall be revoked for an applicant or location for either of A or B listed below.

Any combination of two (2) or more outstanding citations of the Town of Apple Valley Municipal Code, or adjudicated citations found in favor of the Town of Apple Valley by a court of competent jurisdiction, issued within the twelve (12) months preceding the date of the Pigeon Permit application and directly or indirectly related to, or similar to, any property, event, activity or use for which the Pigeon Permit application is proposed; or

The individual, company or corporation listed as the applicant upon the Pigeon Permit application has, or where the property owner, a tenant or lessee, of the property listed upon the Pigeon Permit application as the intended site of the raising, housing or handling of homing or racing pigeons, has a Municipal Code violation(s) being processed by the Town of Apple Valley or pending before a Court of competent jurisdiction and directly or indirectly related to, or similar to, any property, event, activity or use for which the Pigeon Permit application is proposed.

Recreational and Multi-Use and Equestrian Trails

All new development in zoning which permits horse-sheltering as designated in the General Plan, shall provide trail improvements in accordance with the Multi-Use and Equestrian Trails Standards document on file within the Town Clerk's office.

(Ord. No. 482, § 4, 2-9-2016)

9.29.040 - Bed and Breakfast Hotels in Residential Districts (Amended Ord. 264)

Permit Required. A bed and breakfast inn offering one (1) or more rooms, up to a maximum of six (6), for rent may be operated with the approval of a Special Use Permit within the districts designated in Table 9.28.030-A, Permitted Uses, in this Chapter.

General Standards. The following standards for bed and breakfast inns, as well as any additional conditions deemed applicable, shall be made a part of the permit.

In R-SF and R-E districts, bed and breakfast uses shall have frontage and access on either a major or secondary road, as designated on the Streets and Roads Plan, Figure II-6, of the General Plan.

Uniform Building Code and Fire Code requirements for the level of occupancy shall be met.

Environmental Health Department regulations shall be met, including water supply and septic system capacity, if applicable.

In sewered areas, all applicable sanitation district fees shall be paid.

One (1) off-street parking space shall be provided for each commercial guest room, in addition to the spaces normally required for residential use of the building.

One (1) indirectly illuminated sign with a maximum size of six (6) square feet may be displayed. The words "hotel" or "motel" shall not be allowed. The sign's size, color, text, and location shall be as specified in the approved Conditional Use Permit.

Adequate storage for clean and dirty linen and janitorial supplies shall be provided.

Transient Occupancy Permit Required. The bed and breakfast inn shall be registered with the County Tax Collector as being subject to the County Transient Occupancy Tax. The conditional use approval for a bed and breakfast inn shall become effective when the applicant obtains a Transient Occupancy Permit from the County Tax Collector. Reports shall be filed and taxes shall be paid as required by law.

Annual Permits and Inspections. Annual permits and inspections shall be obtained as required by law.

Conditions of Operation. Operation of a bed and breakfast inn shall be subject to the following continuing requirements:

The operator shall reside at the inn;

Guest stays shall be limited to thirty (30) days;

No cooking shall be allowed in guest rooms; and

Food service shall be limited to service of registered guests only.

Other Conditions. Additional or different conditions or restrictions, including but not limited to restrictions on intensity, parking, sign area or placement, hours of meals service, and sale of alcoholic beverages, may be placed on any bed and breakfast use to meet specific concerns.

9.29.050 - Churches in Residential Districts (Amended Ord. 316)

Permit Required. A Church, religious center or Place of Assembly may be allowed in any residential district and within the Office-Professional (O-P) Zone provided a Conditional Use Permit is approved for the use and provided the use complies with the following regulations and standards.

General Standards. The following general standards shall apply:

Churches, religious centers and places of assembly, shall have frontage and access on either a major arterial, major or secondary road, as designated on the Streets and Roads Plan, Exhibit II-6 of the General Plan.

Churches, religious centers and places of assembly should be located on a corner lot and if this is not possible the site shall have a minimum of 2 access points.

A minimum lot size of one (1) acre is required.

A 1,200-foot separation shall be provided from General Commercial (C-G), Service Commercial (C-S), Regional Commercial (C-R) and Village Commercial (C-V) zoned properties and all industrially zoned properties. Relief from this distance separation requirement shall be reviewed and approved by the Planning Commission.

All structures shall meet the lot coverage, building setback and height limit requirements for the district in which they are located.

Parking shall be provided as required by Chapter 9.72, Off-Street Parking and Loading Regulations, of this Code.

Parking lots shall be required to conform to the same requirements as commercial parking lots with regard to construction materials, driveway width and parking space dimensions.

A minimum landscaped setback area of ten (10) feet from the edge of the right-of-way shall be provided along the property street frontage. Side and rear yards shall be provided with a minimum ten (10)-foot landscape buffer strip parallel to the property line. These buffer areas shall be landscaped as required by Chapter 9.75, Water Conservation/Landscaping Regulations, of this Code. Landscaped areas in back of buildings shall be provided with adequate access for regular maintenance. No parking shall be allowed in the required landscape setback areas.

A solid six (6)-foot decorative masonry wall shall be provided where any parking or driveway area abuts a residential district to minimize the impact of noise, traffic and glare from headlights and on-site lighting. This requirement may be waived if the adjacent use is not a residential use. A three and one-half (3-1/2)-foot decorative wall and/or landscaped hedge shall be required in required front and street side setback areas across the street from residential districts.

10.

Entrances and exits from the parking areas shall be located as far as possible from nearby residential structures.

11.

Interior and exterior lighting shall be provided in a manner that minimizes direct and reflected light and glare onto adjacent properties.

12.

All Uniform Building Code and Fire Code requirements for the level of occupancy shall be met.

13.

All County Environmental Health Department regulations shall be met, including water supply and waste water disposal.

14.

In sewered areas, all applicable sanitation district fees shall be paid.

15.

Signs shall be provided in accordance with Chapter 9.74, Signs and Advertising Displays, of this Code.

Neighborhood Compatibility. Church facilities and Places of Assembly shall be designed to be sensitive to the neighborhood in which they are located and shall be designed to minimize adverse impacts upon surrounding residential uses.

List of Uses Required. The applicant shall submit a List of Uses at the time the application for the Conditional Use Permit is made. The List of Uses shall include a description of all activities, as well as the time of such activities, to be conducted as a part of the use. Changes in the approved List of Uses shall be reviewed by the Director who will determine if an amendment to the approved Conditional Use Permit is warranted.

Accessory Uses

Accessory uses such as day care centers, schools, temporary shelters, food kitchens or religious group quarters may be permitted as a part of an approved List of Uses.

Amending an approved List of Uses to include additional accessory uses may be allowed only when modifications to the existing site plan, structures, or parking is not required or when such modifications are included in a proposal to amend the approved Conditional Use Permit.

Other Conditions. Additional or different conditions or restrictions, including but not limited to, restrictions on intensity, seating capacity, types of accessory/ancillary uses, parking, sign area or placement, or hours of operation may be placed on any church, religious center or places of assembly to meet specific concerns.

(Ord. No. 565, § 3, 3-28-2023)

9.29.055 - High Desert Corridor Near Residential Districts

Applicability. The following regulations shall apply to all Residential Districts adjacent to or abutting the High Desert Corridor.

General Provisions. Any proposed residential development occurring adjacent to the High Desert Corridor shall submit a request letter to the California Department of Transportation (Caltrans) in order to ascertain Caltrans requirements for development occurring in proximity to the High Desert Corridor. Current contact information for the High Desert Corridor design/construction team shall be available in the Planning and Engineering Divisions at the Town offices.

9.29.060 - Manufactured Housing Standards (Amended Ord. 350, 383)

Purpose. The purpose of these regulations is to establish standards for the permanent installation of manufactured housing for occupancy as single-family dwellings when located outside of a mobile home park. Manufactured housing does not include mobile homes, recreational vehicles or commercial modular units. Any manufactured home installed or constructed in accordance with the provisions of this section shall be allowed anywhere that permits the construction of detached, single-family residential structures.

Permit Requirements. The following requirements shall apply to manufactured homes:

All applicable construction related permits and approvals including grading, sewage disposal, erosion control and encroachment permits shall be obtained.

A permit from the Building and Safety Division for the installation of a manufactured home not within an approved and properly licensed mobile home park shall not be issued, if more than ten (10) years have elapsed between the date of manufacture and the date of the application for the issuance of the permit to install such manufactured home. The requirements of this section shall not apply if the manufactured home is already in place on the lot for which the permit is sought and was approved pursuant to a permit previously issued by the Town.

The manufacturer shall permanently affixed a label or tag to the manufactured home certifying that the manufactured home complies with federal construction and safety standards (43 U.S.C. section 5415) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).

Development Standards

Any manufactured home occupied as a single-family dwelling in any residential district shall be installed upon a permanent foundation with the finished floor at grade with the site. All conduits, plumbing, electrical, mechanical, and/or other equipment installed below the finished floor shall be located below the finished grade of the site. Any manufactured home so used shall be a permanent fixture to the site, permanently affixed to a building foundation.

Each manufactured home shall comply with all of the site development standards of the applicable zoning district as outlined within Section 9.28.040 "Site Development Standards".

Each manufactured home shall comply with the standards outlined within Section 9.31.030 "Single-Family Architectural Standards".

Exterior walls shall be finished with materials and trim customarily associated with conventional single-family dwelling. This would include horizontal wood aiding, stucco or stucco-like finishes, masonry and board and batten siding. Corrugated metal walls, vertical rib siding or other such materials are not acceptable under this guideline, unless it can be found characteristic of conventional dwellings within the immediate area of where the manufactured home is to be located.

The roofing shall be asphalt or tile shingles or other material characteristic of dwelling within the immediate area of where the manufactured home is to be located.

The roof shall overhang the exterior wall by at least sixteen (16) inches unless a lesser overhang can be shown to be characteristic of conventional dwelling within the immediate are of where the manufactured home is to be located. Except when associated with an identifiable architectural design, fascia boards shall be used on all edges of the roof to screen exposed rafters, vents, etc., and to give the roof a finished appearance.

The roof pitch shall be a minimum of 4:12 and/or characteristic of conventional dwelling within the immediate area of where the manufactured home is to be located.

An enclosed two (2)-car garage shall be provided which is similar to that provided with exterior siding, roof line and materials matching that of the manufactured home.

Trailers, campers, fifth-wheels, recreational vehicles, buses, or similar vehicles shall not be used or occupied for any residential purpose, and any such residential use of such vehicle(s) is expressly prohibited except as defined herein. A trailer, camper, fifth-wheel, recreational vehicle, bus, or similar vehicle may be placed, for a residential purpose, on a site for up to fifteen (15) days within any one (1) calendar year. Upon approval of a Temporary Use Permit, a trailer, fifth-wheel, bus, or similar vehicle may be placed, for a residential purpose, on a site for up to sixty (60) days within any one (1) calendar year.

(Ord. No. 538, § 3, 11-10-2020)

9.29.070 - Multi-Family Housing Standards (Amended Ord. 274, 314, 383)

Applicability. Multi-family housing, including, but not limited to, duplexes, triplexes, apartments, condominiums and townhouses is permitted in the R-M district with an approved Development Permit or Conditional Use Permit. Single-family housing, including attached and detached homes, is permitted within the R-M district within the Mountain Vista neighborhood only.

General Development Standards. All multi-family housing projects shall comply with applicable site development standards of Chapter 9.28, Residential Districts, of this Code. Projects shall be regulated by total unit count. Small Projects shall be from two (2) to eight (8) units in size; Medium Projects shall be from nine (9) to fifteen (15) units in size; and Large Projects shall be sixteen (16) units in size or larger. In addition, the following standards shall apply to all multi-family projects:

Setbacks.

Front yard. Twenty-five (25) feet, or an average between the two adjacent developments and twenty-five (25) feet.

Street side yard. Fifteen (15) feet.

Interior side yard. Ten (10 feet.

Rear yard. Ten (10) feet.

Parking shall require a minimum fifteen-foot front yard or street side yard setback. Parking shall be setback from the interior side and rear property lines by a minimum of five (5) feet.

Structures shall have a minimum fifteen-foot side or rear setback when adjacent to a single-family residential zone.

Properties with a recorded front and street side yard setback greater than the minimum required setback can reduce this setback with the recordation of a Certificate of Correction to the approved map as long as the new setback is and average of the two (2) adjacent developments and not less than twenty-five (25) feet.

Separation Between Buildings. All buildings on the same lot shall be separated by a minimum of ten (10) feet.

Minimum Dwelling Unit Size. The minimum dwelling unit size, exclusive of any balcony or private open space shall be as follows:

Studio - Five hundred (500) square feet.

One Bedroom - Seven hundred (700) square feet.

Two Bedroom - Nine hundred (900) square feet

Three Bedroom and larger - One thousand one hundred (1,100) square feet. For every bedroom increase above a three-bedroom, an additional one hundred fifty (150) square feet shall be added to the minimum unit square footage.

Where single family homes are constructed within the R-M District and/or in the Mountain Vista neighborhood, the minimum home size shall be one thousand (1,000) square feet. (The Mountain Vista neighborhood is described in Section 9.28.020.H. - Footnote No. 1).

Private Open Space. Private open space on a ground floor unit shall be a minimum of two hundred fifty (250) square feet with a minimum width of ten (10) feet. Upper floor units shall have a balcony with a minimum of one hundred (100) square feet. Private open space for multi-story units may consist of ground floor patios and balconies for a cumulative total of two hundred fifty (250) square feet minimum.

Landscape Required. A minimum landscaped setback area ten (10) feet wide, measured from the property line, shall be provided along each street frontage of the project. A minimum five-foot wide landscape setback shall be provided along the interior side and rear yards, with the exception of driveways, private open space and accessible pathways. All areas not utilized for structures, walkways, parking or drive aisles shall be fully landscaped as required in Chapter 9.75, Water Conservation/Landscaping Regulations, of this Code.

Lot Coverage. The maximum lot coverage is seventy (70) percent of the net project site. Lot coverage over seventy (70) percent can be allowed with Planning Commission approval.

Pedestrian Circulation. An interior walkway system with a minimum width of four (4) feet shall be incorporated into the project for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor common spaces.

Lighting.

The following areas shall be lighted during the hours of darkness in a manner consistent with the Performance Standards contained in subsection 9.70.020.H of this Code and the Town Lighting Ordinance:

Private streets and drive aisles;

Parking Areas;

Walkways or pedestrian or bicycle paths;

Individual dwelling entries;

Addresses;

Recreational facilities;

Active outdoor play areas; and

Project entryways.

All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way.

Lighting fixtures shall be of a type and shall be located such that no light or reflected glare is directed off-site and shall provide that no light is directed above the horizontal plane.

When on-site lighting occurs, low-rise, pedestrian scale lighting fixtures shall be used in common open space areas, adjacent to dwellings, and along pedestrian and bicycle paths. The maximum height of such a fixture shall be fifteen (15) feet.

Security Devices. Each door providing ingress and egress to any multi-family dwelling unit shall be equipped with the following devices:

A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen; and

A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with this standard.

10.

Streets. Development projects which have a maximum of two (2) access points to a public right-of-way or which are enclosed private drives shall be permitted to use private driveways for access. Two-way driveways and drive aisles shall have a minimum width of twenty-six (26) feet. Proposed structures over thirty-five (35) feet in height shall require thirty-six-foot wide fire lanes, subject to the review and approval of the Apple Valley Fire Protection District. Where a development is designed to mimic a small tract of residences, or where the project provides more than two (2) external connections to public rights-of-way, private roads shall be built to Town Standards.

Small Project (two (2) to eight (8) Units) Development Standards. In addition to the standards within above Section B "General Development Standards", the following standards shall apply:

Common open space. None required for Small Projects.

Parking. A two (2) car garage, plus one (1) uncovered guest space shall be required for each unit. Carports are permitted for the guest space.

Uncovered Parking. The parking space shall have a minimum standard width of nine (9) feet and a length of nineteen (19) feet. Vehicles can hang over into landscape planters a maximum of two (2) feet reducing the minimum length of the parking space to a minimum of seventeen (17) feet.

Parking Lot Landscape. Tree wells/fingers in parking lots shall be required for every ten (10) spaces of uncovered parking with a minimum of at least one (1) in order to provide shade.

Covered Parking. A two-car garage with minimum interior dimensions of twenty (20) feet by twenty (20) feet shall be required for each unit.

Exterior Storage. No additional storage shall be required in addition to the garage requirement.

Mechanical Equipment. Ground mounted mechanical equipment can be located in the front or street side yard setbacks as long as it is screened from view. Screening can consist of a decorative block wall or landscape material. Ground mounted equipment can also be located in the side and rear setbacks without screening.

Trash Enclosures. When trash enclosures are required (more than four (4) units), they shall be allowed in the front and street side yards setbacks with the construction of a standard trash enclosure. Trash enclosures shall comply with the minimum standards set forth in Sections 9.28.150, Trash Enclosures, and 9.31.050, Multi-Family Architectural Design Standards, of this Code. Trash enclosures shall be located at convenient distances from the buildings they serve and sited to minimize visual, odor and noise impacts to abutting properties.

Height. Structures shall be limited to thirty-five (35) feet in height.

10.

Laundry Facilities. Each unit shall be plumbed and wired for a washing machine and dryer.

11.

Amenities. No amenities shall be required for Small Projects.

Medium Projects (nine (9) to fifteen (15) Units). In addition to the standards within above Section B "General Development Standards", the following standards shall apply:

Common open space. None required for Medium Projects.

Parking. A total of two and one-half (2.5) parking spaces shall be required for each unit. One (1) of the required spaces shall be covered parking, which can include a garage or a carport. If a carport is used for the covered parking it must not be open to the street. If this cannot be accommodated, then a garage would be required.

Parking Lot Landscape. Tree wells/Fingers in parking lots shall be required for every ten (10) spaces of uncovered parking with a minimum of at least one (1) in order to provide shade.

Covered Parking The garage or carport structure shall have a ten-foot setback from the interior side and rear property lines and the overhang of a structure can encroach up to three (3) feet into a setback. If the structure is equipped with solar panels, the encroachment into the setback can be up to five (5) feet.

Exterior Storage. No additional storage will be required in addition to a two-car garage. Absent of a private garage, a minimum of two hundred (200) cubic feet of lockable storage space shall be provided and constructed of durable, weather resistant material. Exposed wood construction is not permitted. Exterior storage may be installed within the parking structure, immediately adjacent to the unit or other designated storage structure for a cumulative minimum of two hundred (200) cubic feet of private, lockable storage space.

Trash Enclosures. Trash enclosures shall be allowed in the front and street side yards setbacks with the construction of a standard trash enclosure. Trash enclosures shall be provided and comply with the minimum standards set forth in Sections 9.28.150, Trash Enclosures, and 9.31.050, Multi-Family Architectural Design Standards, of this Code. Trash enclosures shall be located at convenient distances from the buildings they serve and sited to minimize visual, odor and noise impacts to abutting properties.

Height. Structures shall be limited to thirty-five (35) feet in height.

10.

Laundry Facilities. Each unit shall be plumbed and wired for a washing machine and dryer.

11.

Amenities. No amenities shall be required for Medium Projects.

12.

Entry Statements. Development shall provide an entry statement in accordance with subsection 9.31.040.C. Entry Statements of this Code.

Large Projects (sixteen (16) Units and Larger) Development Standards. In addition to the above standards within Section B "General Development Standards", the following standards shall apply:

Common Usable Open Space. A minimum of five thousand (5,000) square feet or five percent (5%), whichever is larger, of the project site shall be provided as common usable open space. Common useable open space shall meet the following requirements:

Useable open space areas shall not include rights-of-way, vehicle parking areas, private open space areas, or areas with slopes exceeding fifteen (15) percent and shall have a minimum width of twenty-five (25) feet.

Such areas shall be planted with turf or ground cover, or other landscaping which will control dust;

Common useable open space shall not be obstructed except by improvements that enhance usability, such as swimming pools, fountains, sunshades, and plantings; and

If at ground level, common useable open space areas shall not be covered more than fifty (50) percent by a building overhang or balcony, unless it is an integral part of an amenity.

Amenities. Amenities shall be provided under the following schedule. A majority, or fifty percent (50%) of the amenities shall be recreational amenities as defined in Chapter 9.08 of this Code. Duplicated amenities shall be considered a single amenity, except if amenities target different age groups (i.e. pre-teens, teens, adults) or amenities are distinctly designed incorporating different features. Noise levels shall be considered in the placement of any amenity. Amenities can be located within the setback areas and within the required Common Open Space area.

Sixteen (16) to fifty (50) units - Requires two (2) amenities.

Fifty-one (51) to one hundred (100) units - Requires three (3) amenities.

One hundred one (101) to one hundred fifty (150) units - Requires four (4) amenities.

One hundred fifty-one (151) to two hundred (200) units - Requires five (5) amenities (for every fifty (50) units above two hundred (200), an additional amenity shall be required).

Parking. A total of two and one-fourth (2.25) parking spaces shall be required for each unit. One of the required spaces shall be covered parking, which can include a garage or a carport.

Parking lot landscaping and screening. Shall comply with the provisions of Section 9.72.080.

Covered Parking. The garage or carport structure shall have a ten-foot setback from the interior side and rear property lines and the overhang of a structure can encroach up to three (3) feet into a setback. If the structure is equipped with solar panels, the encroachment into the setback can be up to five (5) feet.

Height. The maximum height of a structure is limited to fifty (50) feet. Any portion of a building that exceeds thirty-five (35) feet in height, must be stepped back with a setback minimum of twenty (20) feet from any property line.

Exterior Storage. A minimum of two hundred (200) cubic feet of lockable storage space shall be provided and constructed of durable, weather resistant material. Exposed wood construction is not permitted. Exterior storage may be installed within the parking structure, immediately adjacent to the unit or other designated storage structure for a cumulative minimum of two hundred (200) cubic feet of private, lockable storage space.

Trash Enclosures. Shall not be located within a required setback and shall be screened from the public right-of-way. Trash enclosures shall be provided and comply with the minimum standards set forth in Sections 9.28.150, Trash Enclosures, and 9.31.050, Multi-Family Architectural Design Standards, of this Code. Trash enclosures shall be located at convenient distances from the buildings they serve and sited to minimize visual, odor and noise impacts to abutting properties.

10.

Mechanical Equipment. Shall not be located within a required front or street side yard setback and shall be screened from the public right-of-way. Mechanical equipment shall have a minimum setback of five (5) feet from the interior side or rear property line.

11.

Laundry. If laundry utilities are not provided in each unit, a community laundry facility shall be provided on site. The machine count shall be consistent with the standards of the Multi-housing Laundry Association.

12.

Entry Statements. Development shall provide an entry statement in accordance with subsection 9.31.040.C. Entry Statements of this Code.

13.

Building Elevations. Architectural design shall comply with Section 9.31.050 "Multi-Family Architectural Design Standards. Multiple two-unit attached structures in a large project shall require a minimum of three (3) building elevations consisting of different colors and materials.

14.

Phasing. A phasing plan shall be submitted and approved by the Community Development Director and Town Engineer. Amenities for the number of units for a constructed phase shall be required to be constructed and operational, prior to occupancy of that phase.

15.

Bicycle racks shall be required.

Maintenance and Completion of Open Space, Amenities, Landscaping and Manufactured Slopes for Non-Apartment Multi-family. No lot or dwelling unit shall have a building or occupancy permit issued unless a corporation, homeowners' association, assessment district or other approved appropriate entity has been legally formed with the right to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, or landscaping or slope maintenance (which may be on private lots adjacent to street rights-of-way). Conditions, Covenants, and Restrictions (CC&Rs) may be developed and recorded for the development subject to review and approval of the Town Attorney. No lot or dwelling unit shall have a building or occupancy permit issued unless all approved and required open space, amenities, landscaping or other improvements, or approved phase thereof, have been completed or if the Town Engineer determines that the health, safety and welfare of the occupants and the intent of this Code will be adequately safeguarded, he may allow issuance of a building or occupancy permit if said completion is assured by a financing guarantee method approved by the Town Engineer.

(Ord. No. 544, §§ 3, 11, 3-23-2021)

9.29.080 - Planned Residential Developments

Purpose. The purpose of the Planned Residential Development (PRD) process is to allow more flexibility in design in order to promote residential amenities beyond those generally expected in conventional residential development. Development types possible through the PRD process include clustered housing and smaller lot subdivisions. The intent of these standards is to establish general parameters which provide greater design flexibility and encourage more imaginative and creative planning of a site as a whole. Integrated site planning and design provides the opportunity to protect unique physical features of a site which may warrant special methods of development to reduce construction problems. It also provides the opportunity to develop a site in a more economical and efficient manner while providing a compatible variety of housing choices and higher level of amenities.

Permit Required. A Planned Residential Development shall be approved by the Planning Commission in compliance with Chapter 9.03Specific Plans, of this Code.

Planned Residential Development Property Development Standards. Planned Residential Developments shall comply with the minimum standards provided in Chapter 9.28 of this Code. In addition, the following minimum standards shall apply to all PRDs:

Density. As required by State Law, the residential density of a PRD shall be consistent with the underlying General Plan land use designation. Where a parcel or parcels have more than one land use district designation, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area. Density transfer throughout the PRD project area is permitted for the promotion of clustering units in order to provide more efficient and economical development, more open space and amenities, and preservation of natural features of the site;

Minimum Lot Size. Consistent with the PRD purpose of providing a higher level of on-site amenities, the minimum lot size within a PRD shall be based upon the amenities provided as shown in Table 9.29.080-A below. PRDs may create lot sizes to accommodate the creation of attached single family or clustered subdivisions. In no case shall the minimum lot size for a detached single-family residential lot be less than four thousand (4,000) net square feet. Projects proposed in the Deep Creek area shall be required to provide perimeter lots of the same size or larger than the adjacent land use designation, or lands across the abutting street. The Deep Creek area is defined in Section 9.28.040 of this Code.

Table 9.29.080-A PRD Density/Amenity Schedule

NUMBER OF AMENITIES	MINIMUM LOT SIZE (net)
1	18,000 sq. ft.
2	12,000 sq. ft.
3	8,000 sq. ft.
4	4,000 sq. ft.

Required Amenities. All Planned Residential Developments within the site shall provide active and passive recreational amenities which may include, but shall not be limited to: a swimming pool and spa, clubhouse; tot lot with play equipment; picnic shelter and barbecue area with seating; golf courses; court game facilities such as tennis, basketball or racquetball; improved softball or baseball fields; day care centers; community recreation buildings; horse stables; jitney service for seniors or the handicapped; or greenbelt/paseo trail systems. The types of amenities shall be reviewed and approved with the required Planned Development Permit for the project.

Attached Units

The maximum average number of single family dwelling units attached in any manner to form a single structure shall be six (6).

Where more than two (2) units are attached, building footprints shall be staggered a minimum of four (4) feet to promote architectural articulation of individual units.

Setbacks

Perimeter Setbacks. Where the boundary of a PRD is located adjacent to a public street, a minimum forty-five (45)-foot perimeter setback measured from the edge of the right-of-way shall be provided. A minimum twenty-five (25) feet of landscaping shall be provided adjacent to the street within a perimeter setback. Where the boundary is an interior lot line, a minimum twenty (20)-foot perimeter setback shall be provided. The interior yard perimeter setback shall be landscaped.

Unit Setbacks. Setbacks within a project shall not be less than those provided in Table 9.28.040-A of this Code, Site Development Standards.

Open Space

A minimum thirty (30) percent of the site shall be provided as common useable open space for residents of the development. Useable open space areas shall not include public or private streets; vehicle parking areas; private property or yards, or areas with slopes exceeding fifteen (15) percent. Open space areas shall be landscaped as required by Chapter 9.75, Water Conservation/Landscaping Regulations, of this Code.

Where net lot sizes of 9,000 square feet or larger are provided, up to 100 percent of the open space required in paragraph a above, or up to fifty (50) percent for less than 9,000 square foot net lot sizes may be left in its natural state subject to the following:

If it consists of unique natural features such as rock fields or drainage arroyos or if it provides connection to a trail designated on the General Plan or an area designated as Open Space on the General Plan Land Use Map; and

If the trail linkages are constructed; and

Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire or flood hazard.

Community focal points. Projects containing more than twenty (20) units require installation of at least one (1) focal point per project. The focal point shall be designed to function as an open or enclosed central meeting place for use by project residents and may be in the form of a plaza, courtyard, water feature or other type of project landmark. The focal point shall be protected from the extreme elements characteristic of the desert environment, such as wind and high and low temperatures. The focal point should include shading, seating and decorative features consistent with the style and design of the units or may be enclosed to function as a recreation or meeting room. The focal point shall be centrally located and accessible to all residents.

Project entries. Each project shall include one (1) primary entrance to the site. This main entryway shall be enhanced through architectural and/or landscape treatments to create a sense of arrival and convey the character of the project. An entry statement shall consist of at least two of the following:

Hardscape structure (trellis, decorative, low garden wall with berming, guardhouse, decorative gate);

Specimen landscaping (large, distinctive vegetation, i.e., Joshua trees or mature trees; minimum twenty-four (24)-inch box);

Large boulder groupings;

Fountains - water saving and easy maintenance;

Textured or stamped concrete or interlocking pavers;

Monument signage with accompanying landscape and berming;

Other similar and compatible installations.

Required public open space amenities shall be available to all residents. The Town may require that easements over the required public open space be conveyed to the Town or other Town-approved appropriate entity for recreational trails or other required public open space amenities.

Pedestrian Circulation. An interior walkway system with a minimum width for four (4) feet shall be incorporated into the project for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor common spaces. Pedestrian circulation shall be separated from vehicular circulation wherever possible.

Streets. Public and private streets within a PRD shall be designed to reflect the nature and function of the street.

Public streets shall be dedicated to the Town and shall be constructed in accordance with Town standards.

Private streets shall be owned and maintained in perpetuity by a homeowners' association or other approved appropriate entity and shall be constructed to provide adequate vehicular movement. Private street design shall be approved by the Town engineer and shall meet Town standards for construction and drainage. Pavement width shall be thirty-two (32) feet measured back of curb to back of curb where parking is allowed only on one (1) side of the street. Pavement width may be reduced to twenty-eight (28) feet when no on-street parking is allowed.

On-site circulation shall be adequate to allow for circulation of police and fire protection vehicles, trash collection, street lighting and public services.

Access. Access onto residential driveways shall be made from either public or private streets. All structures shall be provided the minimum paved access required by the Apple Valley Fire Protection District.

10.

Parking

The parking requirements contained in Chapter 9.72, Off-Street Parking and Loading Regulations, of this Code, shall apply unless, pursuant to Section 9.72.030 of that Chapter, the applicant can demonstrate that the residents of the proposed PRD will generate less parking demand than is typically expected of any other residential development.

Guest parking provided in developments where no on-street parking is permitted shall be provided in parking bays distributed throughout the site. Parking bays shall be partially screened from on-site residents by landscaping and hardscape treatments.

Facilities shall be provided for the storage of recreational vehicles, such as boats, campers and trailers where appropriate.

Maintenance and Completion of Open Space, Amenities, Landscaping and Manufactured Slopes. No lot or dwelling unit shall be sold nor shall a building or occupancy permit be issued unless a corporation, homeowners' association, assessment district or other approved appropriate entity has been legally formed with the right to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, landscaping or slope maintenance (which may be on private lots adjacent to street rights-of-way). Conditions, Covenants, and Restrictions (CC&Rs) shall be developed and recorded for the development subject to review and approval of the Town Attorney. The recorded CC&Rs shall permit enforcement by the Town, if required. No lot or dwelling unit shall be sold nor shall a building or occupancy permit be issued unless all approved and required open space, amenities, landscaping or other improvements, or approved phase thereof, have been completed or if the Town Engineer determines that the health, safety and welfare of the occupants and the intent of this Code will be adequately safeguarded, he may allow issuance of a building or occupancy permit if said completion is assured by a financing guarantee method approved by the Town Engineer.

Development Phasing. If development is to be completed in phases or stages, a phasing plan shall be provided with the application materials coordinating the improvement of open space, the construction of buildings, structures, and improvements in such open space, and the construction of dwellings in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development.

Neighborhood Compatibility. The PRD shall be designed and developed in a manner compatible and complementary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter of the project shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development.

9.29.090 - Recreational Courts

Development Standards for Private or Public Recreational Courts. Recreational courts may be allowed as accessory uses to residential development provided the required permit is obtained (see Table 9.28.030-A) Recreational courts shall comply with the following development standards:

Recreational courts shall maintain a minimum side and rear yard setback of ten (10) feet. The applicable front yard setbacks for the district in which they are located shall apply. Courts shall not be located within a required front yard setback.

The height of the lights shall not exceed twenty-two (22) feet.

All lights and light fixtures shall:

Be designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point outside of the lot at the lot line; and

Be designed constructed, mounted and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed one-half (½) foot-candle power above ambient levels. Lighting fixtures shall provide that no light is directed above a horizontal plane passing through the bottom of the fixture.

All lights and light fixtures shall only be used between 7:00 a.m. and 10:00 p.m.

The surface area of any recreational court shall be designed, painted, colored and/or textured to reduce the reflection from any light directed onto the court.

For public recreational courts, landscaping shall be installed between the fence and property line as required by the Planning Division.

9.29.100 - Recreational Uses in Residential Districts

General. Recreational uses may be allowed in residential districts as provided for in Section 9.28.030, Permitted Uses, of this Code.

Development Standards. Recreational uses in residential districts, with the exception of neighborhood parks, shall comply with all development standards of the district in which they are located. In addition, the following standards shall apply:

Recreational uses shall have frontage and access on either a major or secondary road, as designated on the Streets and Roads Plan, Figure II-6 of the General Plan.

A minimum lot size of two (2) acres is required.

Parking lots shall be required to conform to the same requirements of commercial parking lots with regard to construction materials, driveway width and parking space dimensions.

Access and circulation shall be provided in a manner consistent with the access and circulation requirements in the Commercial Design Standards contained in Section 9.37.040 of this Code.

A minimum landscaped setback area of fifteen (15) feet from the edge of the right-of-way shall be provide along the property frontage. Side and rear yards shall be provided with a minimum ten (10)-foot landscape buffer strip parallel to the property line.

A solid six (6)-foot decorative fence or masonry wall, finished on both sides, shall be provided where necessary to minimize the impact of noise, traffic and glare from headlights and on-site lighting. A three and one-half (3½)-foot decorative wall and/or landscaped hedge shall be required in required front and street side setback areas across the street from residential districts.

Entrances and exits from the parking areas shall be located as far as possible from nearby residential structures.

All Uniform Building Code and Fire Code requirements for the level of occupancy shall be met.

All Town and County Environmental Health Department regulations shall be met, including water supply and waste water disposal.

10.

In sewered areas, all applicable sanitation district fees shall be paid.

11.

Parking shall be provided as required by Chapter 9.72, Off-Street Parking and Loading Regulations, of this Code.

12.

Signs shall conform to the provisions of Chapter 9.74, Signs and Advertising Displays, of this Code.

13.

Recreation facility buildings shall conform to the residential design standards. In addition, recreational buildings shall present a residential scale facade to adjacent residential property. This can be accomplished by incorporating single story and residential architectural qualities and elements (windows, doors, offsets) and hardscape and landscape treatments adjacent to the residential areas.

9.29.110 - Residential Care Facilities

Purpose. The State of California has enacted laws and regulations with the intent to provide for the care of children as well as mentally and physically handicapped persons in a residential environment. The purpose of this Chapter is to implement these laws and regulations. In addition, the purpose of this Chapter is to implement the applicable State laws in a manner that preserves the peace, quiet and other residential characteristics intended for the residential areas in which the care facilities are located. This Section sets forth the regulations applicable to the three types of care facilities described in the definitions listed below.

Definitions

Family Day Care Home. A home which provides family day care to children for periods of less than twenty-four (24) hours per day while the parents or guardians are away. Family Day Care Homes are divided into two categories.

Small family day care homes. Serves eight (8) or fewer children, excluding those children over the age of ten (10) who reside at the home.

Large family day care homes. Serves nine to fourteen (9-14) children, excluding those children over the age of ten (10) who reside at the home.

Day Care Center. For the purposes of this Development Code, a day care center shall mean a facility which provides day care services to fifteen (15) or more children for periods of less than twenty-four (24) hours per day while the parents or guardians are away.

Residential Care Facility. For the purposes of this Development Code, a residential care facility shall mean a State licensed "community care facility", "congregate care facility", "intermediate care facility", "foster home", or other group home serving mentally disordered or otherwise handicapped persons or dependent and neglected children on a twenty-four (24) hour basis.

Handicapped Residential Care Facilities

For the purposes of this Development Code, a Handicapped Residential Care Facility shall mean a residential care facility, community care facility, intermediate care facility, foster home, or other group home serving handicapped persons as defined in Title 42, section 3602(H). of the Federal Fair Housing Amendments Act of 1998.

The use of any home or residential unit as a handicapped residential care facility as defined herein shall be considered as a residential use of property and shall not be subject to any processes or procedures different from those required for other residential dwellings of the same density or intensity of use in the same zone or district. Except as required by the state agencies which license the facilities.

Permitted Uses

Small Family Day Care Homes. The use of any home licensed for such use by the State of California as a small family day care home shall be considered a residential use of property.

Residential Care Facilities Serving Six or Fewer Persons. The use of any home licensed for such use by the State of California as a residential care facility serving six (6) or fewer persons shall be considered as a residential use of property.

9.29.120 - Accessory Dwelling Units (Amended Ord. 286, )

Purpose. The purpose of this Section is to expand the variety of housing opportunities in the Town by implementing Government Code sections 6585.2 and 65852.22 to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Implementation of these regulations will ensure that accessory dwelling units are located in areas where services are adequate for support and that accessory dwelling units are designed and maintained as a compatible and integral part of the Town's residential zoning districts.

Applicability. In compliance with the requirements of Government Code 65852.2, the provisions of this Chapter shall apply to all accessory dwelling units located within any zoning designation for single-family, multifamily or mixed-uses, or any property with an existing single-family dwelling unit or multi-family dwelling structure.

Definitions. As used in this section, terms are defined as follows:

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

"Accessory structure" means a structure that is accessory. and incidental to a dwelling located on the same lot.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Efficiency kitchen" means a kitchen that includes each of the following:

A cooking facility with appliances.

A food preparation counter or counters that total at least 15 square feet in area.

Food storage cabinets that total at least 30 square feet of shelf space.

"Junior accessory dwelling unit" or "JADU" means a residential unit that:

Is no more than 500 square feet in size,

Is contained entirely within an existing or proposed single-family structure,

Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and

Includes an efficiency kitchen, as defined in subsection (c)(4) above.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Permit Requirements. All accessory dwelling units shall be subject to a building permit and comply will all Building and Fire Codes. Applications for accessory dwelling units shall be approved or disapproved ministerially pursuant to the requirements of this Section within sixty (60) days of a determination that the application is complete, as required by Gov. Code, § 65852.2(b).

Density. As provided by Government Code Section 65852.2(a)(1)(C), accessory dwelling units are exempt from the density limitations of the General Plan and subject to the following:

Lots with an existing or proposed single-family dwelling may be permitted (1) accessory dwelling unit, and one (1) junior accessory dwelling unit located within the primary residence.

Lots with an existing multifamily dwelling structure may incorporate accessory dwelling units into non-habitable areas of the existing structure. The number of this type of accessory dwelling units is limited to one (1), or twenty-five (25) percent of the number of existing multifamily dwelling units within the multifamily dwelling structure, whichever is number is greater. Lots with an existing multifamily dwelling structure may also have no more than two (2), detached accessory dwelling units.

Public Utility Requirements.

Construction of an accessory dwelling unit will require the entire property be connected to sewer, when available. When public sewer is not available, and in compliance with the State of California Lahontan Regional Water Quality Control Board, the following provisions apply:

The accessory dwelling unit will occupy bedrooms within an existing single- family dwelling with an onsite wastewater system sized appropriately for the use as determined by the Building Official.

An accessory structure constructed prior to January 1, 2020 may be converted to an accessory dwelling unit when connected to an existing, onsite wastewater system sized appropriately for the use, as determined by the Building Official.

No onsite wastewater systems shall be installed or expanded for an accessory dwelling unit unless the site is one (1) acre or more in size.

Use of Property.

On properties with an existing or proposed single-family residence, the primary dwelling or accessory dwelling unit, must be occupied by the property owner. (This provision does not apply to an accessory dwelling unit for which a permit is issued between 1/1/2020 and 1/1/2025.)

The creation of a junior accessory dwelling unit shall require the owner to occupy either the primary dwelling, accessory dwelling, or junior accessory dwelling unit on the property. This provision does not apply if the owner is a governmental agency, land trust, or housing organization.

The accessory dwelling unit or junior accessory dwelling unit may be rented separately from the primary residence but may not be sold or otherwise conveyed separately from the primary residence.

The rental term for an accessory dwelling unit or junior accessory dwelling unit shall not be less than thirty (30) days.

The correction of a legal nonconforming zoning condition shall not be required for the creation of an accessory dwelling unit or junior accessory dwelling unit.

When constructed concurrently with a primary dwelling, the accessory dwelling unit shall not receive its final inspection for occupancy prior to that of the primary dwelling.

Design and Development Standards.

An accessory dwelling unit may be attached to, or detached from, an existing or proposed single-family residence or converted from an existing accessory structure, attached garage, storage area or other similar non-habitable structure on the same lot as the single-family residence. An accessory dwelling may be converted from non-habitable space within an existing multi-family structure and may be detached from but on the same lot as a multifamily dwelling structure.

An accessory dwelling unit shall be located on the same lot as the proposed or existing primary dwelling.

The accessory dwelling unit or junior accessory dwelling unit may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing primary dwelling or converted accessory structure. An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.

An attached accessory dwelling unit or junior accessory dwelling unit must have separate, exterior access from the proposed or existing primary dwelling.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces do not need to be replaced.

No parking shall be required for any accessory dwelling unit; however, the accessory dwelling unit may have an attached garage if the total footprint of the accessory dwelling unit with the garage does not exceed seventy-five (75) percent of the total area under roof of the primary dwelling. Paved access must be provided to any attached garage.

Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.

No provisions within this Code, including lot coverage or legal nonconformity, shall preclude either an attached or detached 800 square foot accessory dwelling unit that is at least sixteen (16) feet in height with four (4)-foot side yard and rear yard setbacks.

The driveway serving the primary dwelling shall be used to serve the accessory dwelling unit unless otherwise required for fire safety.

10.

The owner may meter the accessory dwelling unit separately from the main dwelling for gas, electricity and water/sewer services.

11.

No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

Junior Accessory Dwelling Units (Pursuant to Government Code Section 65852.22).

Owner occupancy shall be required on the property which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the primary or accessory dwelling unit or the junior accessory dwelling unit. This provision does not apply if the owner is a governmental agency, land trust, or housing organization.

The junior accessory dwelling unit shall be provided with a separate exterior entrance from the main entrance to the proposed or existing single-family residence or accessory dwelling unit. The separate entrance may not be on the same elevation as the primary entrance to the proposed or existing single-family residence or accessory dwelling unit.

The junior accessory dwelling unit must include an efficiency kitchen that includes a cooking facility with appliances, a food preparation counter this is at least fifteen (15) square feet and include at least thirty (30) square feet of storage cabinet or shelf space.

Floor area for junior accessory dwelling unit shall not be less than 220 square feet or greater than 500 square feet, excluding bathroom.

The junior accessory dwelling unit may have bathroom or share with the proposed or existing single-family dwelling or accessory dwelling unit.

Additional parking shall not be required.

Attached Accessory Dwelling Units.

The maximum size for an attached accessory dwelling unit is fifty (50) percent of the habitable floor area of the primary dwelling or 1,200 square feet, whichever is greater.

The materials and colors of the exterior walls, roof, windows and doors must match the appearance and architectural design of those of the primary dwelling.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

Independent access to the accessory dwelling unit shall not be located on the same elevation as the access to the primary dwelling.

The new construction of an attached accessory dwelling unit shall not be permitted with an existing multi-family dwelling; however, conversion of existing non-habitable space may be permitted subject to the above density provisions.

Detached Accessory Dwelling Units.

On lots with an existing multifamily dwelling, the maximum height of an accessory dwelling unit shall be sixteen (16) feet with minimum rear yard and side yard setbacks of four (4)-foot.

The accessory dwelling unit shall be located upon a permanent foundation and must include the use of the same colors, materials and architectural style of the primary dwelling unit.

For lots less than two and one-half (2½) acres in size, detached accessory dwelling units on property with an existing or proposed single-family dwelling shall comply with the following:

Shall be located to the rear of the primary dwelling unit;

On corner lots, the minimum front or street side yard setback of the accessory dwelling unit shall be at least ten (10) feet greater than the primary dwelling or have its access from the street opposite that of the primary dwelling. Notwithstanding the foregoing, an accessory dwelling unit may be in front of the primary dwelling when constructed with the same architectural style as the primary dwelling.

The maximum habitable floor area shall be fifty (50) percent of the total footprint of the primary dwelling, or 1,200 square feet, whichever is greater.

Lots one (1) acre or more in size may be permitted a larger accessory dwelling unit with the Planning Commission's approval of a Minor Development Permit.

For lots two and one-half (2½) acres or more in size, detached accessory dwelling units on property with an existing or proposed single-family dwelling shall comply with the following:

The maximum habitable floor area shall be fifty (50) percent of the total footprint of the primary dwelling, or 1,200 square feet, whichever is greater.

The maximum habitable floor area of an accessory dwelling unit may exceed the above, with habitable floor area based upon lot coverage subject to the Planning Commission's approval of a Minor Development Permit.

(Ord. No. 502, § 6, 5-8-2018; Ord. No. 504, § 4, 3-6-2019; Ord. No. 518, § 3, 10-8-2019; Ord. No. 503, § 4, 3-24-2020)

9.29.130 - Visitor Accommodation Uses in Residential Districts

Permit Required. Small scale visitor accommodation uses such as motels and inns may be allowed in the Multi-family residential district with the approval of a Conditional Use Permit.

Development Standards. Visitor accommodations shall conform to the following development standards:

All visitor accommodation facilities shall have frontage and access on either a major or secondary road (as designated on the Streets and Roads Plan, Figure II-6, in the General Plan.

A minimum lot size of one (1) acre is required.

All structures shall meet the lot coverage and height standards for the district in which they are located.

Parking lots shall be required to conform to the same requirements as commercial parking lots with regard to construction materials, driveway width, and parking space dimensions, and landscaping.

In addition to the parking spaces required by Chapter 9.72, Off-Street Parking and Loading Regulations, of this Code, a parking area leading to the office shall be provided for registering guests.

A minimum landscaped setback area of ten (10) feet from the edge of the right-of-way shall be provided along the property frontage. Side and rear yards shall be provided with a minimum ten (10)-foot landscape buffer strip parallel to the property line. These buffer areas shall be landscaped as required by Chapter 9.75, Water Conservation/Landscaping Regulations, of this Code. Landscaped areas in back of buildings shall be provided with adequate access for regular maintenance. No parking shall be allowed in the landscape setback areas.

A solid six (6) foot decorative fence or masonry wall finished on both sides shall be provided where the property abuts a residential district to minimize the impact of noise, traffic, and glare from headlights and on-site lighting. A three and one-half (3½) foot decorative wall and/or landscaped hedge of equal height shall be required in the front and street side setback areas across the street from residential districts.

Lighting shall be provided to ensure the safety of guests and easy identification of parking area entries and exits. Lighting fixtures shall provide that no light is directed above a horizontal plane passing through the bottom of the fixture.

Entrances and exits from the parking areas shall be located as far as possible from nearby residential structures.

10.

All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way. Lighting fixtures shall be of a type and shall be located such that no light or reflected glare is directed off-site. Lighting fixtures shall provide that no light is directed above a horizontal plane passing through the bottom of the fixture.

11.

All Uniform Building Code and Fire Code requirements for the level of occupancy shall be met. All handicapped accessibility requirements shall be provided.

12.

County Environmental Health Department regulations shall be met, including water supply and waste water disposal.

13.

A separate room shall be provided for storage of linens, janitorial supplies, and laundry facilities.

14.

In sewered areas, all applicable sanitation district fees shall be paid.

15.

Signs shall conform to the provisions of Chapter 9.74, Signs and Advertising Displays, of this Code.

16.

Living quarters for on-site management shall be provided.

[Reserved]

Neighborhood Compatibility. All visitor accommodation facilities shall present a residential scale facade to adjacent residential property. This shall be done by incorporating single story and residential architectural qualities and elements (windows, doors, offsets) and hardscape and landscape treatments adjacent to the residential areas.

Operational Conditions. An on-site manager shall be in residence at the facility at all times the facility is open for business.

9.29.140 - Residential Care Facilities for the Elderly

Purpose. The purpose of this Section is to give the Town the opportunity to regulate, review and monitor the public service needs to provide the best possible service to the residents within the Town limits with some establishment of residential care facilities for the elderly in residential zones.

Definitions

Residential Care Facility for the Elderly - means a housing arrangement to serve seven (7) or more residents chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person; where the residents are sixty (60) years of age or older and where varying levels of care and supervision are provided, as agreed to at time of admission or as determined necessary at subsequent times of reappraisal, in accordance with the Community Care Facilities Act.

Elderly Person - means, for purposes of admission into a residential care facility for the elderly, a person who is sixy (60) years of age or older.

Group Homes - means any residential structure or unit, whether operated by an individual for profit or by a non-profit entity, which is not licensed by the State of California.

Mentally and Physically Handicapped Residential Care Facility - means a residential structure or unit licensed or permitted by the State of California or the Federal Government, for profit or non-profit, to house individuals who are mentally and/or physically handicapped or disabled.

Parolee Home - means any residential structure or unit, whether owned and/or operated by an individual for-profit or by a non-profit entity, which is not licensed by the State of California and which houses at least two (2) parolees unrelated by blood, marriage or legal adoption, in exchange for monetary or non-monetary consideration and/or paid by the parolee and/or any individual or public/private entity on behalf of the parolee.

Parolee, Federal - means an individual convicted of a Federal crime, sentenced to a United States federal prison, and who received conditional and revocable release in the community under the supervision of a Federal parole officer.

Parolee, State Adult - means an individual who is serving a period of supervised community custody, as defined in Section 3000 of the Penal Code, following a term of imprisonment in a State prison, and is under the jurisdiction of the California Department of Corrections and Rehabilitation, Division of Adult Parolee Operations.

Parolee, California Department of Corrections and Rehabilitation - means an adult or juvenile individual sentenced to a term in the California Department of Corrections and Rehabilitation, Division of Juvenile Operations and who received conditional and revocable release into the community under the supervision of a California Department of Corrections and Rehabilitation parolee officer.

Probation - means an individual serving a period of time on probation ordered by a court of law.

Prohibitions

Parolee Homes of two (2) or more parolees unrelated by blood, marriage or legal adoption are prohibited.

Group Homes of two (2) or more individuals on probation are prohibited.

Reserved.

No Residential Care Facility for the Elderly shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:

May be determined to be or does, constitute a substantial risk or direct threat to the health or safety of other individuals; or

Has or may engage in conduct resulting in substantial physical damage to the property of others.

Conditional Use Permit

A Conditional Use Permit shall be required for the new establishment of any type of land use stated below:

Residential Care Facilities for the Elderly, licensed by the State of California that were established without local permit approval prior to the effective date of this Ordinance (July 14, 2009).

Any change in the operating conditions or facility type of a existing Residential Care Facilitiy for the Elderly, lawfully established prior to, or after, the effective date of this Ordinance (July 14, 2009).

Sale, transfer or new lease agreement of a Residential Care Facility for the Elderly to another individual, entity, and the like.

An existing Large Residential Care Facility for the Elderly discontinued for a consecutive period of thirty (30) days is deemed abandoned and shall be required to obtain a new Conditional Use Permit.

The new construction or remodel of a Large Residential Care Facility for the Elderly to expand the square footage of a residential structure or unit.

The Conditional Use Permit granted and permitted by this section for a Residential Care Facility for the Elderly is non-transferable and terminates if the structure is devoted to any use other than as a Residential Care Facility for the Elderly or if the structure fails to comply with the applicable health, safety, zoning and building codes.

Locational Requirements

In evaluating requests for a Residential Care Facility for the Elderly, particular attention will be directed to the physical relationship and proximity of the proposed use to similar uses within the surrounding neighborhood and ensuring no adverse effects on the character of a residential neighborhood and public health, safety or general welfare will be created by the proposed use.

When a Conditional Use Permit for a Residential Care Facility for the Elderly, is requested, other than for renewal, ownership transfer or expansion of an existing Large Residential Care Facility for the Elderly, a minimum separation distance of 2,000 feet is required from an existing or proposed park, school, religious institution, youth facility, library, video arcade or similar sensitive uses.

When a Conditional Use Permit for a Residential Care Facility for the Elderly, is requested, other than for renewal, ownership transfer or expansion of an existing Residential Care Facility for the Elderly, a minimum separation distance of 2,000 feet is required from another Large Residential Care Facility, Residential Care Facility for the Elderly, Group Home, Transitional Housing Facility or Supportive Housing Facility.

When a Conditional Use Permit for a Residential Care Facility for the Elderly, is requested and includes the new construction or remodel of an existing residential structure or unit to expand the square footage, attention shall be directed toward the size, scale and architectural compatibility of the residential structure or unit to ensure that it is compatible with the surrounding residential neighborhood and that it maintains the residential character and appearance of the area.

Operational Requirements/Conditions

Residential Care Facilities for the Elderly shall obtain annually a Town of Apple Valley Business License.

Up to two (2) residents shall be allowed to occupy one bedroom in Residential Care Facility for the Elderly.

Inspections of each Residential Care Facility for the Elderly, shall be conducted by the Apple Valley Fire Protection District in accordance with the requirements of the State Fire Marshal.

Multi-family residential projects shall be limited to one (1) Large Residential Care Facility, Residential Care Facility for the Elderly and/or Group Home and/or Transitional Housing Facility and/or Supportive Housing Facility.

The property owner or designated on-site manager, that is not on parole/probation, must live on the site of the Residential Care Facility for the Elderly. The name and a copy of legal identification of the property owner/on-site manager shall be provided to the Town of Apple Valley with the business license.

All required State and Federal licenses for Residential Care Facilities for the Elderly shall be posted within the premises and a copy shall be provided to the Town of Apple Valley Planning Division.

Residents of a Residential Care Facility for the Elderly shall not park vehicles off-site or adjacent to the facility/home in the public right-of-way unless adequate on-site parking is provided and designated for all residents, approved by the Planning Commission.

Residential Care Facilities for the Elderly shall meet all applicable building codes, zoning regulations and the Americans with Disabilities Act, applicable to singe-family or similar dwellings; except as modified by the provisions of this Chapter.

A Residential Care Facility for the Elderly shall conform to the minimum site development standards as those for a dwelling unit in the zone in which the facility is located. The facility shall be capable of being used as a Residential Care Facility for the Elderly without structural or landscaping alterations that would change the structure's residential character.

10.

All County Environmental Health Department regulations and Community Care Licensing regulations shall be met at all times.

The Planning Commission, at its discretion, may impose additional operational conditions to ensure the compatibility of the facility with the neighborhood and to ensure the health and safety of a facility and the neighborhood in which the facility is located.

Revocation

Pursuant to Section 9.16.130 of this Code the Planning Commission may revoke a Conditional Use Permit. The revocation hearing must be noticed public hearing as required in Section 9.16.130 of this Code. The Planning Commission must make necessary findings to revoke the Conditional Use Permit as set forth in Section 9.16.130 of this Code.

(Ord. No. 488, §§ 2B—E, 9-27-2016)

9.29.150 - Residential Care Facilities

Definitions

Small Residential Care Facility - means any residential structure or unit licensed by the State of California to house six (6) or fewer individuals in accordance with the Community Care Facilities Act.

Large Residential Care Facility - means any residential structure or unit licensed by the State of California to house seven (7) or more individuals in accordance with the Community Care Facilities Act.

Probation - means an individual serving a period of time on probation ordered by a court of law.

Prohibitions

Parolee Homes of two (2) or more parolees unrelated by blood, marriage or legal adoption are prohibited.

Group Homes of two (2) or more individuals on probation are prohibited.

Reserved.

No Residential Care Facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:

May be determined to be or does, constitute a substantial risk or direct threat to the health or safety of other individuals; or

Has or may engage in conduct resulting in substantial physical damage to the property of others.

Conditional Use Permit

A Conditional Use Permit shall be required for the new establishment of any type of land use stated below:

Large Residential Care Facilities licensed by the State of California that were established without local permit approval prior to the effective date of this Ordinance (May 8, 2007).

Any change in the operating conditions or facility type of existing Large Residential Care Facilities lawfully established prior to, or after, the effective date of this Ordinance (May 8, 2007).

Sale, transfer or new lease agreement of a Large Residential Care Facility to another individual, entity, and the like.

An existing Large Residential Care Facility discontinued for a consecutive period of thirty (30) days is deemed abandoned and shall be required to obtain a new Conditional Use Permit.

The new construction or remodel of a Large Residential Care Facility to expand the square footage of a residential structure or unit.

The Conditional Use Permit granted and permitted by this section for a Large Residential Care Facility is non-transferable and terminates if the structure is devoted to any use other than as a residential facility for the elderly or if the structure fails to comply with the applicable health, safety, zoning and building codes.

Locational Requirements

In evaluating requests for a Large Residential Care Facility particular attention will be directed to the physical relationship and proximity of the proposed use to similar uses within the surrounding neighborhood and ensuring no adverse effects on the character of a residential neighborhood and public health, safety or general welfare will be created by the proposed use.

When a Conditional Use Permit for a Large Residential Care Facility is requested, other than for renewal, ownership transfer or expansion of an existing Large Residential Care Facility, a minimum separation distance of 2,000 feet is required from an existing or proposed park, school, religious institution, youth facility, library, video arcade or similar sensitive uses.

When a Conditional Use Permit for a Large Residential Care Facility is requested, other than for renewal, ownership transfer or expansion of an existing Large Family Care Facility, a minimum separation distance of 2,000 feet is required from another Large Residential Care Facility, Residential Care Facility for the Elderly, Group Home, Transitional Housing Facility or Supportive Housing Facility.

When a Conditional Use Permit for a Large Residential Care Facility is requested and includes the new construction or remodel of an existing residential structure or unit to expand the square footage, attention shall be directed toward the size, scale and architectural compatibility of the residential structure or unit to ensure that it is compatible with the surrounding residential neighborhood and that it maintains the residential character and appearance of the area.

Operational Requirements/Conditions

Large Residential Care Facilities shall obtain annually a Town of Apple Valley Business License.

Up to two (2) residents shall be allowed to occupy one bedroom in a Large Residential Care Facility.

Inspections of each Large Residential Care Facility shall be conducted by the Apple Valley Fire Protection District in accordance with the requirements of the State Fire Marshal.

Multi-family residential projects shall be limited to one (1) Large Residential Care Facility and/or Group Home and/or Transitional Housing Facility and/or Supportive Housing Facility.

The property owner or designated on-site manager, that is not on parole/probation, must live on the site of the Large Residential Care Facility. The name and a copy of legal identification of the property owner/on-site manager shall be provided to the Town of Apple Valley with the business license.

All required State and Federal licenses for Large Residential Care Facilities shall be posted within the premises and a copy shall be provided to the Town of Apple Valley Planning Division.

Residents of a Large Residential Care Facility shall not park vehicles off-site or adjacent to the facility/home in the public right-of-way unless adequate on-site parking is provided and designated for all residents, approved by the Planning Commission.

Residential Care Facilities shall meet all applicable building codes, zoning regulations and the Americans with Disabilities Act, applicable to singe-family or similar dwellings; except as modified by the provisions of this Chapter.

A Residential Care Facility shall conform to the minimum site development standards as those for a dwelling unit in the zone in which the facility is located. The facility shall be capable of being used as a Residential Care Facility for the Elderly without structural or landscaping alterations that would change the structure's residential character.

10.

All County Environmental Health Department regulations and Community Care Licensing regulations shall be met at all times.

11.

Revocation

(Ord. No. 488, §§ 2F—I, 9-27-2016)

9.29.160 - Group Homes (Amended Ord. 451)

Definitions

Residential Care Facility for the Elderly - means a housing arrangement to serve 7 or more residents chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person; where the residents are sixty (60) years of age or older and where varying levels of care and supervision are provided, as agreed to at time of admission or as determined necessary at subsequent times of reappraisal, in accordance with the Community Care Facilities Act.

Elderly Person - means, for purposes of admission into a residential care facility for the elderly, a person who is sixty (60) years of age or older.

Group Homes - means any residential structure or unit, whether operated by an individual for profit or by a nonprofit entity, which is not licensed by the State of California. This definition shall not include any person with a disability, a representative of any person with a disability, or a developer or provider of housing for one or more people with a disability that is eligible to receive and has requested a reasonable accommodation as set forth in Development Code § 9.29.190.

Probation - means an individual serving a period of time on probation ordered by a court of law.

Supportive Housing - means housing with no limit on length of stay that is occupied by individuals defined as having low incomes and one or more disabilities, including those eligible for services under California Welfare and Institutions Code, Section 4500 (the Lanterman Act) or chronic health conditions. Supportive housing is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Transitional Housing - means shelter provided to the homeless for an extended period that is defined by program requirements and that, through integration with other social services and counseling programs, is intended to assist in the transition to self-sufficiency.

Prohibitions

Parolee Homes of two (2) or more parolees unrelated by blood, marriage or legal adoption are prohibited.

Group Homes of two (2) or more individuals on probation are prohibited.

Reserved.

Conditional Use Permit

A Conditional Use Permit shall be required for the new establishment of any type of land use stated below:

Group homes licensed by the State of California that were established without local permit approval prior to the effective date of this Ordinance (May 8, 2007).

Group homes licensed by the State of California that were established without local permit approval upon or after the effective date of this Ordinance (May 8, 2007).

Any change in the operating conditions or facility type of existing Group Homes lawfully established prior to, or after, the effective date of this Ordinance.

Sale, transfer, or new lease agreement of a Group Home to another individual, entity, and the like.

An existing Group Home discontinued for a consecutive period of thirty (30) days is deemed abandoned and shall be required to obtain a new Conditional Use Permit.

The new construction or remodel of a Group Home to expand the square footage of a residential structure or unit.

The Conditional Use Permit granted and permitted by this section for a Group Home is non-transferable and terminates if the structure is devoted to any use other than as a residential facility for the elderly or if the structures fails to comply with the applicable health, safety, zoning and building codes.

Locational Requirements

In evaluating requests for a Group Home, particular attention will be directed to the physical relationship and proximity of the proposed use to similar uses within the surrounding neighborhood and ensuring no adverse effects on the character of a residential neighborhood and public health, safety or general welfare will be created by the proposed use.

When a Conditional Use Permit for a Group Home is requested, other than for renewal, ownership transfer or expansion of an existing Group Home, a minimum separation distance of 2,000 feet is required from an existing or proposed park, school, religious institution, youth facility, library, video arcade or similar sensitive uses.

When a Conditional Use Permit for a Group Home is requested, other than for renewal, ownership transfer or expansion of an existing Group Home, a minimum separation distance of 2,000 feet is required from another Large Residential Care Facility, Residential Care Facility for the Elderly, Group Home, Transitional Housing Facility or Supportive Housing Facility.

When a Conditional Use Permit for a Group Home is requested and includes the new construction or remodel of an existing residential structure or unit to expand the square footage, attention shall be directed toward the size, scale and architectural compatibility of the residential structure or unit to ensure that it is compatible with the surrounding residential neighborhood and that it maintains the residential character and appearance of the area.

Operational Requirements/Conditions

Group Homes shall obtain annually a Town of Apple Valley Business License.

Only one resident or two (2) residents related by blood, marriage or legal adoption shall be allowed to occupy one bedroom in a Group Home.

Inspections of each Group Home shall be conducted by the Apple Valley Fire Protection District in accordance with the requirements of the State Fire Marshal.

Multi-family residential projects shall be limited to one (1) Large Residential Care Facility and/or Group Home and/or Transitional Housing Facility and/or Supportive Housing Facility.

The property owner or designated on-site manager, that is not on parole/probation, must live on the site of the Group Home. The name and a copy of legal identification of the property owner/on-site manager shall be provided to the Town of Apple Valley with the business license.

All required State and Federal licenses for Group Homes shall be posted within the premises and a copy shall be provided to the Town of Apple Valley Planning Division.

Residents of a Group Home shall not park vehicles off-site or adjacent to the facility/home in the public right-of-way unless adequate on-site parking is provided and designated for all residents, approved by the Planning Commission.

Group Homes shall meet all applicable building codes, zoning regulations and the Americans with Disabilities Act, applicable to singe-family or similar dwellings; except as modified by the provisions of this Chapter.

A Group Home shall conform to the minimum site development standards as those for a dwelling unit in the zone in which the facility is located. The facility shall be capable of being used as a Group Home without structural or landscaping alterations that would change the structure's residential character.

10.

All County Environmental Health Department regulations and Community Care Licensing regulations shall be met at all times.

11.

Revocation

(Ord. No. 488, §§ 2J—M, 9-27-2016)

9.29.170 - Reserved

Editor's note— Ord. No. 488, § 2N, 9-27-2016, repealed § 9.29.170, which pertained to sexual offender residency.

9.29.180 - Supportive and Transitional Housing Facilities

Purpose. The purpose of this Section is to give the Town the opportunity to regulate, review and monitor the public service needs to provide the best possible service to the residents within the Town limits with some establishment of supportive and transitional housing facilities in residential zones.

Definitions

Elderly Person - means, for purposes of admission into a residential care facility for the elderly, a person who is sixy (60) years of age or older.

Group Homes - means any residential structure or unit, whether operated by an individual for profit or by a non-profit entity, which is not licensed by the State of California.

Probation - means an individual serving a period of time on probation ordered by a court of law.

Prohibitions

Parolee Homes of two (2) or more parolees unrelated by blood, marriage or legal adoption are prohibited.

Group Homes of two (2) or more individuals on probation are prohibited.

Reserved.

No Supportive or Transitional Housing, as defined in Section 9.08 of this development code, shall be made available to prior behavior, actions and/or criminal convictions, or as a resident, that he or she:

May be determined to be or does, constitute a substantial risk or direct threat to the health or safety of other individuals; or

Has or may engage in conduct resulting in substantial physical damage to the property of others. [Intended to exclude parolees, sex offenders and those on probation.] (Also see Chapter 9.08 "Definitions".)

Conditional Use Permit

A Conditional Use Permit shall be required for the new establishment of any type of land use stated below:

Transitional or Supportive Housing Facilities.

Any change in the operating conditions or facility type of existing Transitional Housing Facilities or Supportive Housing Facilities lawfully established prior to, or after, the effective date of this Ordinance.

Sale, transfer or new lease agreement of a Transitional or Supportive Housing Facility to another individual, entity, and the like.

An existing Transitional or Supportive Housing Facility discontinued for a consecutive period of thirty (30) days is deemed abandoned and shall be required to obtain a new Conditional Use Permit.

The new construction or remodel of a Transitional or Supportive Housing Facility to expand the square footage of a residential structure or unit.

Locational Requirements

In evaluating requests for a Transitional Housing Facility, or Supportive Housing Facility, particular attention will be directed to the physical relationship and proximity of the proposed use to similar uses within the surrounding neighborhood and ensuring no adverse effects on the character of a residential neighborhood and public health, safety or general welfare will be created by the proposed use.

When a Conditional Use Permit for a Transitional Housing Facility or Supportive Housing Facility is requested, other than for renewal, ownership transfer or expansion of an existing Transitional or Supportive Housing Facility, a minimum separation distance of 2,000 feet is required from an existing or proposed park, school, religious institution, youth facility, library, video arcade or similar sensitive uses.

When a Conditional Use Permit for a Transitional Housing Facility or Supportive Housing Facility is requested, other than for renewal, ownership transfer or expansion of an existing Transitional Housing Facility or Supportive Housing Facility a minimum separation distance of 2,000 feet is required from another Large Residential Care Facility, Residential Care Facility for the Elderly, Group Home, Transitional Housing Facility or Supportive Housing Facility.

When a Conditional Use Permit for a Transitional Housing Facility or Supportive Housing Facility is requested and includes the new construction or remodel of an existing residential structure or unit to expand the square footage, attention shall be directed toward the size, scale and architectural compatibility of the residential structure or unit to ensure that it is compatible with the surrounding residential neighborhood and that it maintains the residential character and appearance of the area.

Operational Requirements/Conditions

Transitional Housing Facilities and Supportive Housing Facilities shall obtain annually a Town of Apple Valley Business License.

Up to two (2) residents shall be allowed to occupy one bedroom in a Transitional Housing Facility or Supportive Housing Facility.

Inspections of each Transitional Housing Facility and Supportive Housing Facility shall be conducted by the Apple Valley Fire Protection District in accordance with the requirements of the State Fire Marshal.

Multi-family residential projects shall be limited to one (1) Large Residential Care Facility and/or Group Home and/or Transitional Housing Facility and/or Supportive Housing Facility.

The property owner or designated on-site manager, that is not on parole/probation, must live on the site of the Transitional Housing Facility or Supportive Housing Facility. The name and a copy of legal identification of the property owner/on-site manager shall be provided to the Town of Apple Valley with the business license.

All required State and Federal licenses Transitional Housing Facilities and Supportive Housing Facilities shall be posted within the premises and a copy shall be provided to the Town of Apple Valley Planning Division.

Residents of a Transitional Housing or Supportive Housing Facility shall not park vehicles off-site or adjacent to the facility/home in the public right-of-way unless adequate on-site parking is provided and designated for all residents, approved by the Planning Commission.

Transitional Housing or Supportive Housing Facilities shall meet all applicable building codes, zoning regulations and the Americans with Disabilities Act, applicable to singe-family or similar dwellings; except as modified by the provisions of this Chapter.

A Transitional Housing or Supportive Housing Facility shall conform to the minimum site development standards as those for a dwelling unit in the zone in which the facility is located. The facility shall be capable of being used as a Residential Care Facility for the Elderly without structural or landscaping alterations that would change the structure's residential character.

10.

All County Environmental Health Department regulations and Community Care Licensing regulations shall be met at all times.

11.

Revocation

(Ord. No. 488, §§ 2O—R, 9-27-2016)

9.29.190 - Reasonable Accommodation (Added by Ord. 436)

Purpose.

In accordance with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act ("Acts"), it is the purpose of this Section to provide individuals with disabilities reasonable accommodation in the application of the Town of Apple Valley's regulations, policies, practices, and procedures, as necessary to allow disabled persons to use and enjoy a dwelling. This Section provides a process for individuals with disabilities to make requests for, and to be provided, reasonable accommodation from the various Town regulations, policies, practices, and procedures, including zoning and land use regulations, when reasonable accommodation is warranted based upon sufficient evidence.

Applicability.

Eligible applicants.

A request for reasonable accommodation may be made by any person with a disability, a representative of a person with a disability, or a developer or provider of housing for one or more people with a disability, when the application of a land use or zoning regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

A person with a disability includes: individuals with a physical or mental impairment that substantially limits one or more major life activities; individuals who are regarded as having such an impairment; and individuals with a record of such an impairment.

This Section is intended to apply to those people who are defined as disabled under the Acts.

The federal Fair Housing Amendments Act of 1988 affords no protections to individuals with or without disabilities who present a direct threat to the persons or property of others. Determining whether someone poses such a direct threat must be made on an individualized basis, and cannot be based on general assumptions or speculation about the nature of a disability.

Eligible requests.

A request for reasonable accommodation may include a modification or exception to the regulations, policies, practices, and procedures for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

A request for reasonable accommodation shall comply with subsection D. (Application), below.

Notice to the Public of Availability of Accommodation Process.

Notice of the availability of reasonable accommodation shall be prominently displayed in the public areas of the Planning and Building and Safety Divisions of the Town Development Services Building, advising the public of the availability of the procedure for eligible individuals. Town employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

Application

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this Section, relating to the application of various land use or zoning regulations, policies, practices, or procedures.

Requests for reasonable accommodation shall be made in writing on a form provided by the Planning Division and provide the following information:

•

Name and address of the individual(s) requesting reasonable accommodation;

•

Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability;

•

Name and address of the property owner(s);

•

Address of the property for which accommodation is requested;

•

Description of the requested accommodation and the regulation, policy, practice, or procedure for which accommodation is sought; and

•

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the housing.

No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

A request for reasonable accommodation in regulations, policies, practices, or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection except as required by law.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

Findings

The written decision to approve, conditionally approve or deny a request for reasonable accommodation shall be based upon the following findings, all of which are required for approval:

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under the Acts; and

Whether the request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under the Acts; and

Whether the request for reasonable accommodation would impose an undue financial or administrative burden on the Town; and

Whether the request for accommodation would require a fundamental alteration in the nature of the Town's land use and zoning program; and

The requested accommodation will not, under the specific facts of the case, result in a direct and significant threat to the health or safety of other individuals or substantial physical damage to the property of others.

Decision

The request for reasonable accommodation will be considered by the Town's Director of Community Development ("Director"), who may approve, conditionally approve, or deny the request. The Director may also refer the request to the Town Council, and the request shall be placed on the next regularly scheduled meeting agenda for the Town Council. The Town Council shall act in the capacity of the Director in such cases.

Within thirty (30) days after acceptance of a complete application by the Planning Division for administrative review by the Director or, if referred to the Town Council, the Planning Division shall provide the applicant with written notice of the decision regarding the request for reasonable accommodation based on the required findings set forth in subsection E, above. The notice of decision shall be sent to the applicant by certified mail.

If necessary to reach a determination on the request for reasonable accommodation, the Director or Town Council may request further information from the applicant consistent with the Acts, and specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth in subsection G.

Except as set forth above in paragraph (F3) above, if the Director or Town Council fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period, then the request shall be deemed granted.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that are the subject of the request shall remain in full force and effect.

Appeals

Within thirty (30) days of the date of a written decision by the Director or Town Council, an applicant may appeal an adverse decision to the Town Council. Appeals from the adverse decision shall be made in writing.

If an individual needs assistance in filing an appeal on an adverse decision, the Town will provide assistance to ensure that the appeals process is accessible.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection except as required by law.

If a decision denying a reasonable accommodation appeal is reversed or a decision granting a reasonable accommodation appeal is modified, the Town Council shall make the required findings as prescribed in subsection E.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

9.29.200 - Photovoltaic Solar Farms (Added/Amended By Ord. 412, 458)

Purpose. The purpose of this subsection is to provide opportunities for photovoltaic solar farms within the Apple Valley Dry Lake Area within the R-VLD Residential District. The occasional retention of water in the Apple Valley Dry Lake is a compatible use with the photovoltaic panels which make up the solar farm. The intent of this Code is to insure that the photovoltaic solar farms are compatible with, and do not negatively impact the surrounding uses.

Permit Required. A Special Use Permit shall be required for photovoltaic solar farms ten (10) acres or less located within the Apple Valley Dry Lake. Photovoltaic solar farms greater than ten (10) acres and less than 400 acres located within the Apple Valley Dry Lake shall require a Conditional Use Permit.

Development Standards. All photovoltaic solar farms shall be fenced with coated chain link or wrought iron fencing (tubular or solid steel), or as approved by the Planning Commission, not to exceed a maximum height of seven (7) feet. Where proposed fencing is adjacent to existing fencing, continuity in fencing material shall be encouraged. Fencing along any local street frontage shall be setback a minimum of twenty-five (25) feet and fifty (50) feet along any major street. The use of barbed wire and outdoor lighting is prohibited. The height of the solar panels at maximum tilt shall have a height not to exceed ten (10) feet as measured from base flood elevation (2909'). Street setbacks shall be a minimum of fifty (50) feet. Interior setbacks shall be twenty-five (25) feet. Setbacks from lot lines of properties with existing single-family residences shall be fifty (50) feet. Setbacks from lot lines of residentially zoned properties outside of the Apple Valley Dry Lake shall be five hundred (500) feet. All buildings ancillary to the solar farm shall comply with the Residential-Very Low Density (R-VLD) development standards and shall be built on a pad with an elevation at or above 2,911 feet. Street improvements to secondary and major roadways shall be installed in accordance with the Town requirements. All other roadways providing access to the project may be improved with all weather materials as required by the Town Engineer and maintained in a dust-free manner and kept clear of any litter, trash or debris. There is no requirement for off-street parking.

9.29.210 - Cannabis Cultivation for Personal Recreational Purposes

Purpose. The purpose of this Section is to regulate cannabis cultivation for personal recreational purposes within the Residential Zoning Districts. Nothing in this Section shall preempt or make inapplicable any provision of State or Federal law. No provisions of this Section shall hinder or supersede any other applicable State or Federal statute. Further, for purposes of this section, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the Town to the extent it is unlawful under California law.

Definitions. For purposes of this Section, the following definitions shall apply:

"Person" includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.

Any term defined in this Section also means the very term as defined in the California Business & Professions Code or the California Health & Safety Code, unless otherwise specified.

Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any Residential Zoning District of the Town. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

Indoor Cultivation

A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the Town. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity, except when such cultivation occurs on property with a private residence and in accordance with the following regulations.

A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless the person completes a Certificate of Compliance form administered by the Code Enforcement Division. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the Town which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence. There shall be no more than six (6) plants of personal cannabis cultivation per residence, regardless of the number of people who reside at the residence.

Marijuana cultivation is permitted only on a property with a private residence.

Marijuana cultivation may not displace any required enclosed parking.

Volatile solvents (solvents that are or produce a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures), including but not limited to butane, propane, hexane and ethanol, are strictly prohibited and may not be used for the cultivation or processing of marijuana.

Only chemicals or substances approved for agricultural use in the State of California may be used, applied, or stored for the cultivation of marijuana at any property where marijuana is cultivated.

Cultivation, including the installation and operation of lights, heaters, fans, generators, or other mechanical equipment, must fully comply with all provisions of the Apple Valley Municipal Code and the State's building codes set forth in Title 24 of the California Code of Regulations, as adopted and amended by the Apple Valley Municipal Code.

All alterations done to the interior of a home or accessory structure to accommodate or prepare for cultivation must fully comply with all provisions of the Apple Valley Municipal Code and the State's Building Codes set forth in Title 24 of the California Code of Regulations, as adopted and amended by the Apple Valley Municipal Code.

All cultivation lighting systems and fixtures must be shielded to confine light and glare to the interior of the residence, fully enclosed and secure accessory structure, or greenhouse.

10.

All marijuana plants, including any structure or enclosure used for marijuana cultivation, must be locked and reasonably secured to prevent access by minors or theft.

11.

Marijuana cultivation must be concealed from public view at all stages of growth. Marijuana plants must not be visible with normal unaided vision from a public place or adjacent parcel.

12.

A portable fire extinguisher, that complies with the regulations and standards adopted by the California State Fire Marshal and other applicable law, shall be kept in the area of cultivation at all times in a location that is easily accessible.

13.

Accessory structures used for cultivation of marijuana shall not be located in the front yard of the property.

14.

A self-completed certificate of compliance must be completed, executed, and returned to the Code Enforcement Division before any cultivation or construction of any accessory structure used for growing marijuana. The marijuana cultivation must be for personal, non-commercial, recreational purposes only.

15.

The Code Enforcement Officer, Building Official, Planning Director, Sheriff Officer, Fire Inspector, or a designee, is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this section. Reasonable advance notice of any such entry and inspection shall be provided and, before entry, consent shall be obtained in writing from the owner or other persons in lawful possession of the property. If consent cannot for any reason be obtained, a warrant shall be obtained from a court of law before any such entry and inspection.

Penalty for Violation. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Section shall be a misdemeanor or an infraction, at the discretion of the Town Attorney or the District Attorney. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Section is declared a public nuisance and may be abated as provided in Article III of Chapter 1.01 and 6.30 of the Apple Valley Municipal Code and/or under any other applicable provision of State law.

(Ord. No. 528, § 1, 2-25-2020)